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Calcutta High Court · body

2026 DAILYLAW 31628 (CAL)

PALLAB ROY v. STATE OF WEST BENGAL AND ORS.

WPA/16512/2026 · 2026-07-31

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09. 09. 31.07.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 16512 OF 2026 MR. PALLAB ROY VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Tushar Das, Adv. …For Petitioner Mr. Partha Chakraborty, Adv. Ms. Sreetama Neogi, Adv. …For State 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. A case is made out in this writ petition that petitioner is being prevented by private respondents from filling land of the petitioner prompting petitioner to approach this Court with present writ petition seeking direction upon the concerned police authority to take steps. 3. State respondents are represented by learned advocate who has submitted that petitioner needs to approach appropriate forum if petitioner is prevented by private respondents while filling the land in question. 4. Having considered the respective submissions made on behalf of parties, Court finds that resistance made by private respondents thereby preventing petitioner from filling up the land in question is the subject matter of this writ petition. 5. Petitioner needs to approach appropriate forum for adjudication of the issue as to whether petitioner has right to fill up the land in question or not. [2] 6. However, if petitioner is aggrieved by in-action on the part of the concerned police authority relating to registration of complaint lodged by petitioner against private respondents, in that event, petitioner needs to approach appropriate forum under Section 175(3) of BNSS, 2023. 7. Hence, writ petition is not interfered with and same stands dismissed. 8. However, this order shall not preclude petitioner to take steps in accordance with law. 9. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)