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Calcutta High CourtWPA/8512/2026dismissed

Sasanka Sekhar Achariya v. State Of West Bengal And ORS.

2026-04-21Hon'Ble Justice Saugata Bhattacharyya3 pages

21.04.2026 Ct. No. 05 adeb WPA 8512 of 2026 Sasanka Sekhar Achariya Vs.

The State of West Bengal & Ors.

Mr. Aswini Kumar Bera Mr. Arijit Bera ...for the petitioner Ms. Munmun Tewary Mr. Gourav Banerji ...for the State Mr. Sukanta Das ...for the respondent nos. 4 & 5

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

2. Learned advocate representing the petitioner submits that petitioner instituted Title Suit being No. 580 of 2024 and in connection therewith an interim order of injunction was passed on 31st July, 2025 thereby directing the parties to the suit to maintain status quo regarding nature, character and possession of the suit property. It is also submitted that private respondents in disobedience to the aforesaid order dated 31st July, 2025 are taking several unauthorized steps affecting right of the petitioner to enjoy the possession over the property in question.

3. Complaint was lodged by the petitioner before the concerned police authority that did not yield result prompting the petitioner to approach this Court with the present writ petition seeking direction upon the police authority to take steps which would facilitate the petitioner to enjoy possession over the property in question.

4. State respondents and private respondents are represented by learned advocates who have jointly opposed this writ petition.

5. Learned advocate representing the private respondents has disputed the submission made on behalf of the petitioner.

6. Prayer of the petitioner for implementation of interim order of injunction dated 31st July, 2025 passed by the Civil Court is not countenanced. In view of fact that Civil Court directed the parties to maintain status quo without defining the respective right of the parties to the suit in connection with the scheduled property. Therefore, no right is decided vide order dated 31st July, 2025 of the Civil Court even at the interim stage.

7. In this regard reliance is placed on the judgment of a coordinate bench reported in 2016 SCC OnLine Cal 2683 (Sri Soumitra

Bandopadhya & Anr. Vs. State of West Bengal & Ors.).

8. In aforesaid conspectus, no relief can be granted to the petitioner.

9. Writ petition stands dismissed.

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

(Saugata Bhattacharyya, J.)