Pankaj Dey v. State Of West Bengal And ORS.
13.01.2026 Ct. No.5 b.das WPA 30046 of 2025 Pankaj Dey Vs.
The State of W. B. & Ors.
Mr. Debasis Kar Mr. Hussain Mustafi Ms. Paramita Mitra Ms. Suhana Parvin Mr. A. K. Bhadra ...for the petitioner.
Mr. Binoy Kr. Das Mr. Arun Kr. Saha ...for the State.
Mr. Pankaj Halder Mr. Aniruddha Das Ms. Dwipanita Laha ...for respondent no.6.
Report submitted by the State is taken on record. Heard learned counsels for the parties.
It appears that the petitioner filed a title suit being TS 515 of 2023 in respect of the property in question against the private respondents wherein the learned Trial Court directed both the parties to maintain status quo in respect of the nature, character, possession and title of the property.
However, the private respondents also filed a title suit being TS 5914 of 2025 wherein their prayer for ad interim injunction was turned down. The private respondents preferred a Misc. Appeal before the learned Additional District and Sessions Judge, Fast Track, 1st Court, Barrackpore and obtained an order of ad interim injunction in respect of the same property as in the
previous title suit, restraining the petitioners herein from causing any obstruction to the construction made by the private respondents in the property.
The said order was directed to be implemented by the police by an order passed on 2nd January, 2026 in the Misc. appeal.
Strangely, two contradictory orders of ad interim injunction are in operation in respect of the same property. The petitioner is at liberty to place the entire fact before the relevant Courts for redressal of his grievance. In the meantime, the police authority shall keep strict vigil in the area in order to avoid any untoward incident and also ensure maintenance of peace and tranquility. The police shall render necessary assistance to the parties as and when sought.
The writ petition is disposed of accordingly. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)