09. 09. 18.08.2026 (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. 16736 OF 2026 MANIK BHATTACHARJEE VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Dhananjay Nayak, Adv. …For Petitioner Mr. Rajdeep Mazumder, AAG Ms. Sristi Barman Roy, Adv. Mr. Yuvraj Chatterjee, Adv. …For State 1. Matter is heard in presence of learned advocates representing petitioner and State respondents. 2. Learned advocate representing petitioner has drawn attention of this Court to a complaint dated 27th June, 2026 addressed to concerned police authority. Such complaint is chiefly directed against respondent no.4 whereby it is alleged that respondent no.4 has forcibly occupied two flats of the petitioner. It is further submitted that concerned police authorities may be directed to take steps for evicting respondent no.4 from those two flats. 3. Mr. Rajdeep Mazumder, learned Additional Advocate General representing State respondents has opposed this writ petition and it is submitted that prayer is made for registration of FIR for which petitioner needs to approach appropriate forum. 4. Having considered the respective submissions made on behalf of parties, it is found that petitioner is aggrieved by in-action on the part of concerned police authority in registering FIR. [2] 5. Petitioner needs to approach jurisdictional Magistrate under Section 175(3) of BNSS, in the event, complaint of petitioner is not transformed into FIR. In this regard, reliance is placed on judgment of the Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque Padamsee and others vs. Union of India and others). 6. However, there is another aspect which is canvassed with regard to the complaint lodged on 27th June, 2026 that respondent no.4 is illegally occupying flats of the petitioner. 7. For eviction of respondent no.4 from the said two flats, petitioner needs to approach appropriate forum. Police authority is not the appropriate authority to take steps for vacating the flats in question. 8. With the aforesaid observations writ petition stands disposed of. 9. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)