Afsar Ali v. The State Of West Bengal And ORS.

05.02.2026 rc/ct.no.05 Item No.09 WPA No. 549 of 2025 Afsar Ali

Versus

The State of West Bengal & Ors.

Mr. Anjan Bhattacharya Ms. Anita Shaw Mr. Seema Thakur ..for the Petitioner Mr. Suman Ghosh Mr. Siddharta Ghosh ...for the State Affidavit of service filed by the petitioner and report submitted by the State are taken on record. Heard learned counsels for the parties.

It appears that the private respondents filed a title suit against the petitioner and others claiming declaration of their title in respect of the land in question, partition and recovery of possession. The suit was dismissed by the learned trial Court with an observation that the private respondents failed to prove their title and possession in respect of the share claimed by them. The petitioner alleges that though he is the recorded owner of the land, the private respondents are restraining him from cultivating the same. The petitioner seeks police assistance. It has been declared by the learned trial Court that the private respondents have no right, title, interest or possession in respect of the land in question. The

land prima facie appears to be recorded in the petitioner's name.

In view of the above, the police authority is directed to render necessary assistance to the petitioner so that he is able to enter the land in question and cultivate the same without any obstruction from the private respondents in any manner whatsoever. The writ petition is disposed of.

There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)