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Calcutta High CourtWPA/4571/2026dismissed

Sk. Mannan Ali v. State Of West Bengal And ORS.

2026-03-24Hon'Ble Justice Saugata Bhattacharyya2 pages

5.

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(DL) (DL) 24.03.2026 24.03.2026 Ct. No. 05 (ARPAN)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 4571 OF 2026 SK. MANNAN ALI VS.

THE STATE OF WEST BENGAL AND OTHERS Mr. Bhaskar Chandra Manna, Adv.

...for the Petitioner Ms. Mousumi Haldar Choudhury, Adv.

Ms. Sayantani Bhattacharya, Adv.

...for the State Mr. Salil Kumar Maiti, Adv.

Mr. Subhajoy Panja, Adv.

...for the Respondent No.7 1.

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

2.

Learned advocate representing the petitioner submits that though the land in question is owned by the petitioner, respondent no.7 is making construction on the land illegally.

3.

Petitioner prays for direction upon the concerned police authorities which would ensure peaceful possession of the land by the petitioner and to restrain the respondent no.7 from making construction on the land.

4.

Learned advocate representing the respondent no.7 has opposed this writ petition and has submitted that respondent no.7 is not making construction on the land of the petitioner and claim is laid by the respondent no.7 over the land in question.

[2] 5.

State respondents are represented by learned advocate who has filed a communication dated 10th March, 2026 of Officer-in-Charge, Mahishadal Police Station, Purba Medinipur and same is taken on record.

6.

On perusal of the said communication dated 10th March, 2026, it appears on investigation it was found by the police authorities that it is a dispute between the petitioner and the respondent no.7 over the land in question and same is civil in nature.

7.

Having considered the respective submissions made on behalf of the parties and taking note of the communication dated 10th March, 2026, Court finds that issue involved in this writ petition is civil in nature. Police authority is not the appropriate authority to decide the inter se right of the parties over the land in question.

8.

Hence, Court is not inclined to interfere with this writ petition and same stands dismissed.

9.

However, this order shall not preclude the petitioner to approach the Civil Court in pursuit of remedy. 10.

Urgent photostat certified copy of the order, if applied for, be given to the parties upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)