21 Rkd 23.07.2026 Ct.05 W.P.A. 16423 of 2026 Sri Dipak Kumar Samanta & Ors. -vs- The State of West Bengal & Ors. Mr. Abhilash Chatterjee, Ms Najmee Parveen ….for the petitioner. Mr. Jayeel Hossain, Mr. M. Roha, Ms. Sumitra Das ….for the respondent nos. 7 & 8. Ms. Anita Kundu, Ms. Sumita Sarkar ….for the State. 1. Affidavit-of-service filed on behalf of the petitioners is taken on record. 2. Learned advocate representing the petitioners alleges inaction on the part of concerned police authorities in drawing up FIR based on the complaint lodged. In addition thereto, it is also submitted necessary steps are required to be taken by the concerned police authorities which would permit the petitioners to use the pathway for ingress and egress. 3. If petitioners are aggrieved by inaction on the part of concerned police authorities to register FIR after complaint was lodged, in that event petitioners are required to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. 4. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court, reported in (2007) 6 SCC 171 (Aleque Padamsee & Ors. –vs. Union of India & Ors.). 5. Police authority is not the appropriate authority to decide inter se right of the parties over the pathway in question. 6. In view of availability of alternative remedy, writ petition is not entertained and stands dismissed. 7. However, this order shall not preclude the petitioners to approach the jurisdictional Magistrate, in pursuit of remedy. 8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2