Disposed¶16

Khademul Islam v. State of West Bengal and Ors.

Calcutta HC5 Feb 2026WPA/12657/2025

Case brief

AI extract

What is this about?

Land encroachment / boundary wall dispute between a landowner (Khademul Islam) and Daulatpur High School authorities (Headmaster, Secretary, Managing Committee); police complaint not acted upon; State enquiry and prosecution under Section 126 BNSS; school claims title; Court held dispute essentially civil in nature, petitioner free to approach appropriate forum, police surveillance to continue for peace and tranquility; writ petition disposed of, no costs, allegations deemed not admitted (no affidavit invited); WPA No. 12657 of 2025, decided 05.02.2026, Suvra Ghosh, J.

What did the court decide?

Petitioner given liberty to approach the appropriate forum for redressal of his grievance; police authority directed to continue surveillance at the locale and ensure maintenance of peace and tranquility; no order as to costs. ¶16

Khademul Islam Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the dispute over the alleged encroachment of the petitioner's land by the private respondents (Daulatpur High School authorities) is civil in nature, and before which forum the petitioner may seek redressal. +1 more

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Court's answer

The dispute between the parties is essentially civil in nature; the petitioner is at liberty to approach the appropriate forum for redressal of his grievance.

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Ratio / Principle

The police authority shall continue surveillance at the locale to avoid any untoward incident and shall ensure maintenance of peace and tranquility.

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Key takeaways

As no affidavit was invited, the allegations contained in the writ petition are deemed not to have been admitted.ratio¶18

Detailed headnote1 paragraphs

Writ petition (WPA No. 12657 of 2025) by Khademul Islam against the State of West Bengal and others, disposed of on 05.02.2026 by Suvra Ghosh, J. The petitioner alleged that the private respondents — the Headmaster, Secretary and Managing Committee of Daulatpur High School, situated adjacent to his land — were attempting to grab a portion of his property and had raised a boundary wall by encroachment, and that his police complaint had not been acted upon. The State's further report recorded that an enquiry was held pursuant to the complaint and prosecution was submitted under Section 126 of the BNSS, and that the school authority claims title over the disputed land. Holding the dispute between the parties to be essentially civil in nature, the Court gave the petitioner liberty to approach the appropriate forum for redressal, directed the police authority to continue surveillance at the locale to avoid any untoward incident and to ensure maintenance of peace and tranquility, and disposed of the writ petition with no order as to costs. Since no affidavit was invited, the allegations in the writ petition were deemed not to have been admitted.

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05.02.2026 rc/ct.no.05 Item No.15

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WPA No. 12657 of 2025 Khademul Islam Versus The State of West Bengal & Ors.

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Sk. Abdus Salam

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Mr. Mosiuddin Ahmed ..for the Petitioner

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Mr. Swapan Banerjee Mr. Raja Ram Banerjee …for the State

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Since Mr. Somnath Ganguly, learned advocate, who was appearing on behalf of the State earlier is no longer in the panel, Mr. Swapan Banerjee who usually appears on behalf of the State and is present in Court today, is requested to represent the State in this matter. The concerned authority is requested to regularise his appointment in this matter.

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The petitioner is directed to serve a copy of this application along with annexure thereto upon Mr. Banerjee in course of this day.

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Further report submitted by the State is taken on record. Copy of the report is made over to the learned counsel for the petitioner in Court.

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The petitioner alleges that the private respondents who are the Headmaster, Secretary and Managing Committee of Daulatpur High School situated adjacent to the petitioner’s land are trying the grab a portion of the property of the petitioner and have raised

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a boundary wall by encroaching upon the same.

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Complaint lodged by the petitioner in this regard has not been acted upon.

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It appears from the report submitted by the State that pursuant to the complaint lodged by the petitioner enquiry has been held and prosecution submitted under Section 126 of the BNSS. The report demonstrates that the school authority claims title over the disputed land.

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Upon consideration of the submission made on behalf of the parties, this Court is of the view that the dispute between the parties is essentially civil in nature. The petitioner is at liberty to approach the appropriate forum for redressal of his grievance.

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In the meantime, the police authority shall continue surveillance at the locale in order to avoid any untoward incident in view of the strained relationship between the parties and shall ensure maintenance of peace and tranquility.

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The writ petition is disposed of.

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There shall, however, be no order as to costs.

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Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.

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

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(Suvra Ghosh,J)

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