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Calcutta High CourtWPA/5222/2026dismissed

Manjula Das And ORS. v. State Of West Bengal And ORS.

2026-03-24Hon'Ble Justice Saugata Bhattacharyya3 pages

24.03.2026 12 Court No. 05 (DL) (Suvendu Mukherjee)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 5222 of 2026 Smt. Manjula Das & Ors.

-Versus - The State of West Bengal & Ors.

Mr. U. K. Jana Mr. A.K. Chakraborty ....for the petitioners Mr. Vivekananda Bose Ms. Subhra Nag ....for the State respondents Mr. Sounak Bhattacharya Mr. Sounak Mandal ...for the private respondent nos. 5- 8

1) Matter is heard in presence of learned advocates representing the petitioners, State respondents and respondent nos. 5 to 8. However, respondent nos. 9 to 11 are not represented.

2) It is submitted on behalf of the petitioners that private respondents are disturbing the petitioners to enjoy peaceful possession over the land in question and they are obstructing the petitioners from cultivating the said land. Petitioners pray for direction

upon the concerned police authorities to take steps based on the complaint lodged by the petitioners.

3) Learned advocate representing the respondent nos. 5 to 8 has opposed this writ petition and submits that those respondents lay claim over same land. According to said private respondents, claim of the petitioners to cultivate the land in question is not tenable considering their right over the land.

4) A communication dated 24th March, 2026 of Officer-in-Charge of Pingla Police Station, Paschim Medinipur is placed before this Court and same is taken on record.

5) On perusal of said communication, it appears that one Title Suit being T.S. No. 185/2018 is pending before the Civil Judge (Junior Division), 3rd Court, Paschim Medinipur.

6) It is submitted on behalf of the State respondents that the issue involved in this writ petition is inter se right of the respective parties over the land in question which may be decided by the Civil Court.

7) Having considered the respective submissions made on behalf of the parties, it appears that both the petitioners and respondent nos. 5 to 8 are claiming right over the land in question which needs to be decided by the Civil Court and police authority is not authorized to decide inter se right of the parties over the land in question.

8) Hence, no relief can be granted to the petitioners.

9) Writ petition stands dismissed.

10) However, concerned police authorities are directed to maintain peace and tranquility at the locale and keep vigil.

11) There shall be no order as to costs.

12) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)