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2026 DAILYLAW 29252 (CAL)

NISHAKAR MURMU v. STATE OF WEST BENGAL AND ORS.

WPA/15914/2026 · 2026-07-22

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

7 2222..0077..22002266 Ct. No. 05 adeb WPA 15914 of 2026 Nishakar Murmu Vs. The State of West Bengal & Ors. Mr. Saugata Mitra Mr. Nikhil Kr. Gupta Ms. Soma Chakraborty Mr. Subhadeep Maitra …for the petitioner Mr. Partha Chakraborty Mr. Palash Byapari ….for the State Mr. Pradep Saren Mr. S, Ghosh Ms. Saheli Hembrom …for the private respondents 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. Grievance of the petitioner is, petitioner is dispossessed by the private respondents as a result whereof petitioner is unable to stay at his residence. It is also submitted that petitioner was driven out of his residence in the year 2021. 3. It is contended that last complaint was lodged before the concerned police authority on 15th June, 2026 but no steps have been taken by the police authorities. 4. Private respondents and State respondents are represented by learned advocates. 2 5. From the submission made on behalf of the petitioner it appears that petitioner was dispossessed far back in the year 2021 and present writ petition is filed on 8th July, 2026 precisely after five years. Petitioner ought to have approached this Court contemporaneously. However, at the same time grievance is expressed on behalf of the petitioner inaction on the part of the police authorities in taking steps based on the complaint lodged in the month of June, 2026. 6. If petitioner is aggrieved by inaction on the part of the concerned police authorities in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS 2023 for redressal of grievance. 7. In this regard reliance is placed on the judgment of the Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra and Ors.). 8. Hence, present writ petition is not interfered with and same stands dismissed. 9. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy. 3 10. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)