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2026 DAILYLAW 36217 (CAL)

TAPASH KUMAR DEY v. STATE OF WEST BENGAL AND ORS.

WPA/20055/2026 · 2026-08-25

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

6 2255..0088..22002266 Ct. No. 05 adeb WPA 20055 of 2026 Tapash Kumar Dey Vs. The State of West Bengal & Ors. Mr. Subhrajyoti Dey Mr. Vaskar Saha …for the petitioner Mr. Ravi Kumar Dubey …..for the respondent nos. 4 & 5 Mr. Madhu Jana …for the State 1. Affidavit of service filed on behalf of petitioner is taken on record. 2. From the case made out in the writ petition it appears that issue centers around car parking space and on perusal of the complaint dated 29th July, 2026 it appears that petitioner is aggrieved with regard to possession of car parking space taken by respondent nos. 4 and 5. 3. Learned advocate representing respondent nos. 4 and 5 submits that they are in possession of car parking space and order of State Consumer Disputes Redressal Commission dated 13th May, 2026 comes in favour of respondent nos. 4 and 5. 4. State respondents are also represented by learned advocate. 2 5. Be that as it may, from the submissions made on behalf of respective parties it appears that issue involved in this writ petition is civil in nature requiring petitioner to approach appropriate forum. Police authority is not the appropriate authority to decide said car parking space would go to whose favour. 6. If petitioner finds that complaint dated 29th July, 2026 is not taken into consideration by the concerned police authorities in that event there is an alternative remedy available to petitioner under Section 175(3) BNSS 2023 by approaching jurisdictional Magistrate. 7. Hence, present writ petition is not interfered with and same stands dismissed. 8. However, this order shall not preclude the petitioner to take steps in accordance with law, if so advised. 9. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)