Gopal Orang v. State Of West Bengal And ORS.

30.03.2026 33 Court No. 05 (DL) (Suvendu Mukherjee)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 6713 of 2026 Gopal Orang -Versus - The State of West Bengal & Ors.

Mr. Sukumar Ghosh Ms. Moumita Ghosh ...for the petitioner Mr. Suman Sengupta Mr. Sambuddha Dutta Ms. Debdooti Dutta ...........for the State respondents Mr. Gazi Faruquee ....for the respondent nos. 4-6

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

2) Learned advocate representing the petitioner submits that petitioner is Bargadar in connection with land in question. However, private respondents are bent upon to evict the petitioner from said land. It is also submitted that private respondents are restraining the petitioner from cultivating the land in question.

3) Learned advocate representing the private respondents has disputed the submission made on

behalf of the petitioner and it is submitted that father of the private respondents was the owner of said land and ownership of the land devolved upon the private respondents. According to the private respondents, petitioner has no right to cultivate the land in question.

4) Learned advocate representing the State respondents has filed a communication dated 26th March, 2026 of Officer-in-Charge of Dhaniakhali Police Station, Hooghly and same is taken on record.

5) It is disclosed in said communication dated 26th March, 2026 that based on the complaint lodged by the petitioner one prosecution vide Dhaniakhali Police Station Non-Cognizable Report No. 393/2026 dated 24th March, 2026 under sections 126/135(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 was initiated.

6) In view of submissions made on behalf of the parties and taking note of the contents of communication dated 26th March, 2026, it transpires that dispute over the land in question is civil in nature requiring the petitioner to approach the civil court in pursuit of his remedy. Police authorities are not authorized to decide inter se right of the parties over the land in question.

7) However, concerned police authority is directed to maintain peace and tranquility at the locale and keep vigil.

8) Writ petition stands disposed of.

9) There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)