28.07.2026 Item No.36 Ct. No. 05 PG W.P.A. 17237 of 2026 Ashiwini Soren @ Ashiwini Kumar Soren & Ors. Vs. The State of West Bengal & Ors. Mr. Sougata Mitra, Adv. Mr. Nikhil Kr. Gupta, Adv. Ms. Soma Chakraborty, Adv. Mr. Subhadeep Maitra, Adv. …..For the Petitioners Mr. Mihir Kr. Das , Adv. Ms. Madhurima Basu ..For the State 1. Affidavit of service filed on behalf of the petitioners is taken on record. 2. By presenting this writ petition, prayer is made for directing the police authorities, which would permit the petitioners to stay at their residence. 3. However, it is submitted on behalf of the petitioners that they were driven out of their residence in 2021, whereas writ petition is filed on July 16, 2026 seeking direction in order to permit them to stay at their residence. 4. It is also contended on behalf of the petitioners that an FIR was drawn up and a criminal prosecution being Hura P.S. Case No. 03 of 2023 dated January 11, 2023 was initiated but there is inaction on the part of 2 the concerned police authorities in investigating said case. 5. State respondents are represented by learned advocate, who has filed a communication dated July 27, 2026 of Officer-in-Charge, Hura Police Station, Purulia and the same is taken on record. 6. It is disclosed by filing communication dated July 27, 2026 that in similar situation, this Court has passed an order on July 22, 2026 on a writ petition being W.P.A. 15914 of 2026 (Nishakar Murmu vs. The State of West Bengal & Ors.) on the ground of delay in approaching Court alleging petitioner was dispossessed of his residence. Said writ petition was not entertained. 7. In the present case, though petitioners were dispossessed of their residence in 2021, writ petition is filed precisely 05 years thereafter on July 16, 2026. It is not shown that contemporaneously steps were taken by the petitioners on being driven out of their residence. 8. Hence present writ petition is not entertained. 9. However, if petitioners have grievance that there is inaction on the part of the concerned police authorities in investigating Hura P.S. 3 Case No. 03 of 2023 dated January 11, 2023, in that event, petitioners need to approach jurisdictional magistrate under section 175(3) BNSS, 2023. In this regard, reliance is placed on the judgment of of Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar & Anr. vs. State of Maharashtra & Ors.). 10. Hence, present writ petition is not entertained and the same stands dismissed. 11. However, this order shall not preclude the petitioners to approach the appropriate forum in pursuit of remedy. 12. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)