Nimai Halder And ANR. v. State Of West Bengal And ORS.

rkd 27.04.2026 Ct.05 W.P.A. 4810 of 2026 Nimai Halder & Anr.

-vsThe State of West Bengal & Ors.

Mr. Srikanta Purkait ....for the petitioner.

Mr. Biplab Guha, Ms. Susnita Saha ....for the State.

1.

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

2.

Petitioners submit that raising allegation against the private respondents relating to land in question complaint was lodged before the concerned police authorities and prayer is made for direction upon the concerned police authorities which would ensure right of the petitioners over the land in question.

3.

Learned advocate representing the State respondents has filed a communication dated 29th March, 2026 of Harwood Point Coastal Police Station, Sundarban Police District along with certain documents and same is taken on record. Copy of the said communication dated 29th March, 2026 is made over to the learned advocate representing the petitioners.

4.

It is disclosed in the communication dated 29th March, 2026 that based on the complaint lodged

by the petitioners a criminal prosecution was initiated being Harwood Point Coastal PS Case No. 301/25 dated 1st December, 2025 and Chargesheet being No.312/25 dated 30th December, 2025 was submitted.

5.

On the contrary based on the complaint lodged by respondent no.4 another criminal prosecution being Harwood Point Coastal PS Case No.23/26 dated 5th February, 2026 was initiated and in connection therewith Charge-sheet being No.37/26 dated 28th February, 2026 was submitted.

6.

It is also disclosed in the communication dated 29th March, 2026 that two suits being TS No.53/26 and TS No.78/26 are pending at the instance of parties to this writ petition claiming right over the land in question.

7.

Since charge-sheets have already been filed by the concerned police authorities before the jurisdictional Magistrate in connection with the criminal prosecutions initiated on receipt of complaints from the petitioners and respondent no.4, no further order need be passed on this writ petition and same stands disposed of.

8.

Liberty is granted to the petitioners to approach the civil court in pursuit of remedy.

9.

Petitioners shall also be at liberty to approach the jurisdictional Magistrate, if occasion so arises.

10. Urgent photostat certified copy of the order, if

applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)