Calcutta High CourtWPA/4414/2026disposed

Gopal Chand Mallick v. State Of West Bengal And ORS.

2026-04-08Hon'Ble Justice Saugata Bhattacharyya2 pages

08.04.2026 Ct. No. 05 adeb WPA 4414 of 2026 Gopal Chand Mallick Vs.

The State of West Bengal & Ors.

Mr. Asit Baran Raut Mr. Tuhin Subhra Raut Ms. Ishita Raut ...for the petitioner Mr. Sounak Bhattacharya Md. Abu Raja Jaglul Kabir ...for the State

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. Matter is heard in presence of the learned advocates representing the petitioner and State respondents.

3. However, in spite of service of notice respondent nos.

4, and are not represented. Respondent no. 6 could not be served.

4. Learned advocate representing the petitioner expressed concern relating to peaceful possession of land of the petitioner due to disturbance by the private respondents.

5. Prayer is made for giving direction upon the concern police authority which would permit the petitioner to enjoy peaceful possession over the land in question.

6. State respondents are represented by learned advocate who has filed a communication dated 1st April, 2026 and same is taken on record.

7. Having considered the respective submissions made on behalf of the parties represented before this Court it appears that petitioner is aggrieved by the disturbance made by the private respondents hampering petitioner's right to enjoy peaceful possession over the land in question. If petitioner is aggrieved due to acts and actions of the private respondents in that event petitioner needs to approach the Civil Court to assert his right over the land in question.

Police authority is not the appropriate authority to decide inter se right of the parties over the land.

8. However, police authorities are directed to maintain peace and tranquility at locale and keep vigil in order to avoid untoward incidents.

9. This order shall not preclude the petitioner to take steps in accordance with law.

10. Writ petition stands disposed of.

11. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)