15.06.2026 16 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 9862 of 2026 Rahim Gazi –Versus – The State of West Bengal & Others Mr. Jayanta Mukherjee Ms. Daisy Basu ……for the petitioner Mr. Suryaneel Das, Ld. GP Ms. Suchitra Sinha Chatterjee Ms. Sumita Sarkar …….for the State respondents Mr. Rakib Hossain Khan ….for the respondent no. 4 1) Affidavit of service filed on behalf of the petitioner is taken on record. 2) Learned advocate representing the petitioner submits that respondent no. 4 is disturbing the petitioner in peaceful possession of the property in question. A complaint was lodged with the concerned Police Station for taking steps which would facilitate the petitioner to possess the property in question without any disturbance. 3) Respondent no. 4 is represented by learned advocate who has disputed the submission made on behalf of the petitioner. It is submitted that respondent no. 4 is co-owner of said property. 2 4) State respondents are represented by Mr. Das, learned Additional Government Pleader. 5) From the submissions made on behalf of the petitioner and respondent no. 4, it appears that issue involved in this writ petition is civil in nature requiring the petitioner to approach civil court. Police authority is not the appropriate authority to decide inter se right of the parties over the property in question.

6) However, concerned police authority is directed to maintain peace and tranquility at the locale and keep vigil. 7) Writ petition stands disposed of. 8) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)

15.06.2026 16 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 9862 of 2026 Rahim Gazi –Versus – The State of West Bengal & Others Mr. Jayanta Mukherjee Ms. Daisy Basu ……for the petitioner Mr. Suryaneel Das, Ld. GP Ms. Suchitra Sinha Chatterjee Ms. Sumita Sarkar …….for the State respondents Mr. Rakib Hossain Khan ….for the respondent no. 4 1) Affidavit of service filed on behalf of the petitioner is taken on record. 2) Learned advocate representing the petitioner submits that respondent no. 4 is disturbing the petitioner in peaceful possession of the property in question. A complaint was lodged with the concerned Police Station for taking steps which would facilitate the petitioner to possess the property in question without any disturbance. 3) Respondent no. 4 is represented by learned advocate who has disputed the submission made on behalf of the petitioner. It is submitted that respondent no. 4 is co-owner of said property. 2 4) State respondents are represented by Mr. Das, learned Additional Government Pleader. 5) From the submissions made on behalf of the petitioner and respondent no. 4, it appears that issue involved in this writ petition is civil in nature requiring the petitioner to approach civil court. Police authority is not the appropriate authority to decide inter se right of the parties over the property in question.

6) However, concerned police authority is directed to maintain peace and tranquility at the locale and keep vigil. 7) Writ petition stands disposed of. 8) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)