Sk Mofijul Haque And ANR. v. State Of West Bengal And ORS.

21.08.2025 Court No. 35 W.P.A. 26374 of 2024 Sk. Mofijul Haque & Anr.

VS The State of West Bengal & Ors.

Mr. Suman Ghosh Ms. Tuhina Parvin ...for the State.

The writ petition appeared on 04.12.2024 when an M/L. No.230 Rakib accommodation was sought for on behalf of the petitioners.

Today also when the writ petition was called none represented the petitioner.

As none appears on behalf of the State Mr. Suman Ghosh, learned advocate who ordinarily appears for the State is directed to represent the State with a junior of his choice. Their appointments may be regularized by the concerned authorities.

Petitioners approached this Court with a prayer for taking appropriate action against the respondent(s) by the police authorities for illegally occupying the property of the petitioner and cultivating in the said property. Since the issue relating to right, title, interest and occupation is exclusively domain of the Civil Court, it would not be possible for this Court to interfere under Article 226 of the Constitution of India. Police authorities would only ensure that there is no violation of law and order between the petitioners and the private respondents.

With the aforesaid observations WPA 26374 of 2024 is disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)