Arun Karan And ORS. v. The State Of West Bengal And ORS.

WPA 11293 of 2025 Sl.No.

06.08.2025 Court No. 35 G.S.Das Arun Karan & Ors.

-VsThe State of West Bengal & ors.

Mr. Piyush Chaturbedi, ld. Sr. Adv.

Mr. Biswajit De Mr. Subhajit De Ms. Mallika Manna ... for the Petitioner(s) Mr. Swapan Banerjee Mr. Diptendu Narayan Banerjee ... for the State - respondent(s) The petitioners have approached this Court being aggrieved by the excess involvement of some of the police officers associated with the Chandrakona Police Station.

The petitioners submit that a title suit being TS 34 of 2012 is pending before the learned Civil Judge (Jr. Divn.), Ghatal, Paschim Medinipur, wherein by an order dated 03.01.2014 the learned Court was pleased to direct for maintaining status quo in respect of the suit property pursuant to ownership, possession and

construction etc, till disposal of the suit.

The accusations of the petitioners are that they are unable to enter into their property inspite of the status quo order passed by the civil court and, with that in view, they allegedly tried to take assistance of the police authorities who are preventing them from entering into the property referred to in the civil suit.

State has submitted a report and disputes and denies the accusations of involvement of the police authorities.

Having considered that right, title, interest and possession in respect of a property cannot be decided by this Court in a summary manner as the civil court is already in seisin of the issue, as also taking into account the allegation made against the police personnel associated with the Chandrakona Police Station is concerned, I am of the considered opinion that since the representation was submitted

on or about 22.04.2025 before the superior officer of police including the Superintendent of Police, Paschim Medinipur, the Superintendent of Police, Paschim Medinipur would consider the representation independently so far as the contents wherein certain accusations have been made against the police authorities.

The outcome of the findings be informed to the petitioners and, if required, necessary opportunity of hearing be also afforded to the petitioners and/or any of the affected parties.

Needless to state that this court has not gone into the merits of this writ petition particularly with regard to right, title, interest and possession of the property is concerned but restricted itself only to the act and actions of the police authorities.

It is further reiterated that this court has also not entered into the zone

whether any excesses have been exercised by the police authorities as the same is for the adjudication of the Superintendent of Police.

Considering the nature of the dispute and the directions made above, I am of the further view that further pendency of this writ petition is unwarranted.

However, it would be in the interest of justice that the Superintendent of Police, Paschim Medinipur would decide and conclude the whole process within a period of 45 days from the date of communication of this order.

With the aforesaid observations, WPA 11293 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this

order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)