Md. Nazim And Ors vs The Official Trustee
2026 Latest Caselaw 2508 Cal/2

Calcutta High Court

Md. Nazim And Ors vs The Official Trustee on 31 March, 2026

OD-6
                              ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                    CONSTITUTIONAL WRIT JURISDICTION
                              ORIGINAL SIDE

                                 WPO/115/2026

                          MD. NAZIM AND ORS.
                                  VS
              THE OFFICIAL TRUSTEE, GOVERNMENT OF WEST
                            BENGAL AND ORS

 BEFORE:
 The Hon'ble JUSTICE KRISHNA RAO
 Date : 31st March, 2026.

                                                                              Appearance:
                                                                   Md. Farhaduddin, Adv.
                                                                 Mr. Siddhartha Ruj, Adv.
                                                                     Ms. Era Ghosh, Adv.
                                                                Mr. Shabbir Yazdane, Adv.
                                                                      ... for the petitioner.

                                                                  Mr. Indranil Nandi, Adv.
                                                                   Mr. Sayak Konar, Adv.
                                                                   ... for respondent no.1.

Mr. Sayan Ganguly, Adv.

Mr. Ratul Das, Adv.

... for the State.

Mr. Alak Kumar Ghosh, Adv.

Mr. Gopal Chandra Das, Adv.

... for the KMC.

1. The petitioner has filed the present writ application praying for an order

upon the respondent nos. 1, 4 and 5 not to give any effect or further

effect to the notice dated 23rd February, 2026 and allied prayers.

2. Learned Counsel appearing for the Official Trustee of the West Bengal

has drawn the attention of this Court that the Official Trustee has

already filed an application before the interlocutory Court being

AOT/1/2026. In the said case the petitioner has already filed an

application being GA/1/2026 in AOT/1/2026 praying for leave to intervene in the said application filed by the Official Trustee of the West

Bengal.

3. In AOT/1/2026 the Coordinate Bench of this Court has already passed

an order on 19th March, 2026 which reads as follows:-

"It is submitted by the Official Trustee that some of

the encroachers claiming to be the tenants without

any valid documents are trying to re-enter the

premises and get electric connection to establish

their possession.

The Commissioner of Police, Kolkata, the Deputy

Commissioner of Police, Kolkata (Central) and the

Officer-in-charge, Hare Street Police Station shall

ensure that there is no intrusion into the subject

premises. The CESC Limited is also directed not to

give any fresh connection or re-install the electric

connection if any to anyone at the concerned

premises."

4. Considering the above, this Court finds that it is not proper for this

Court to hear the present writ application separately from AOT/1/2026.

5. Accordingly, WPO/115/2026 is released from the list of this Court with

the liberty to take appropriate steps to assign the matter before the

appropriate Court where the AOT/1/2026 is pending.

(KRISHNA RAO, J.)

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