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2026 DAILYLAW 48163 (CAL)

SOUMEN NASKAR AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/26867/2026 · 2026-10-08

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21 0088..1100..22002266 Ct. No. 05 adeb WPA 26867 of 2026 Soumen Naskar & Anr. Vs. The State of West Bengal & Ors. Mr. Soumen Bhattacharya Ms. Sretapa Sinha …for the petitioners Mr. Madhu Jana Ms. Simran Sureka …for the State Ms. Subhra Nag Mr. Sandipan Pal Mr. Niladri Mondal …for the respondent nos. 4 to 6 1. Affidavit of service filed on behalf of petitioners is taken on record. 2. By presenting this writ petition direction is sought for upon concerned police authorities to protect right of the petitioners in respect of property in question so that petitioners can enjoy possession over the said property. 3. State respondents are represented by learned advocate. 4. Learned advocate representing respondent nos. 4 to 6 has disputed the submission made on behalf of petitioner and it is submitted that Title Suit No. 309 of 2024 was instituted before the learned Civil Judge (Sr. Division), 1st Court, Baruipur and an exparte injunction order was passed on 14th July, 2026 thereby directing 2 plaintiffs and defendants to the suit to maintain status quo in respect of suit property. Respondent nos. 4 to 6 claim right over the property in question. 5. Having considered the respective submissions made on behalf of parties it appears that issue involved in this writ petition is civil in nature requiring the parties to approach Civil Court in pursuit of remedy. 6. Police authority is not the appropriate authority to decide who has title over the property in question. 7. Hence, present writ petition is not entertained and same stands dismissed. 8. However, this order shall not preclude the petitioners to approach Civil Court in pursuit of remedy. 9. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)