(D/L) v. THE STATE OF WEST BENGAL & Ors.

Mr. Mahendra Nath Sarkar, Adv. Mr. Soumyajit Roy Choudhury, Adv. Mr. Aritra Ranjan Dutta Roy, Adv. Mr. Debanjan Mukherjee, Adv. Mr. Palash Bapari, Adv. Mr. Pradip Kumar Mondal, Adv. Mr. Arka Mondal, Adv. …For Petitioner …For State …For Private Respondents

Affidavit-of-service filed on behalf of petitioner is taken on record.

By presenting this writ petition prayer is made for directing concerned police authority to take steps which would preserve right of petitioner over the suit property taking note of the order passed by Civil Court on 9th June, 2026 in Title Suit no.324 of 2026.

It is submitted that learned Civil Judge (Senior Division), Diamond Harbour, South 24 Parganas by passing ad interim order of injunction directed parties to the aforesaid suit to maintain status quo over the suit property and according to petitioner, private respondents are taking steps thereby violating said order dated 9th June, 2026.

State respondents and private respondents are represented by learned advocates.

Learned advocate representing State respondents submits that issue involved in this writ petition is [2] civil in nature requiring petitioner to approach appropriate forum.

On perusal of ad interim order of injunction dated 9th June, 2026 it appears that parties to the aforesaid suit were directed to maintain status quo in respect of said suit property.

If petitioner finds that order passed by the Civil Court on 9th June, 2026 is not being adhered to by private respondents, in that event, there is alternative remedy available to petitioner by approaching Civil Court.

In view of availability of alternative remedy present writ petition is not entertained and same stands dismissed.

However, this order shall not preclude petitioner to take steps, in accordance with law, if so advised.

Parties to act on the server copy of this order duly downloaded from the official website of this court.

(SAUGATA BHATTACHARYYA, J.)