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2026 DAILYLAW 40910 (CAL)

RAJARHAT FISHERIES CO. OPERATIVE SOCIETY REGISTRATION ACT AND ANR v. STATE OF WEST BENGAL AND ORS.

WPA/18376/2026 · 2026-09-15

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

3 1155..0099..22002266 Ct. No. 05 adeb WPA 18376 of 2026 Rajarhat Fisheries Cooperative Society Registration Act & Anr. Vs. The State of West Bengal & Ors. Mr. Sourabh Guhathakurta Ms. Mallika Roychowdhury Mr. Abhratanu Sarkar …for the petitioners Mr. Amajit De …for the CBI Mr. D.N. Roy Mr. Guddu Singh Mr. Sourav Halder …for the State Mr. Arijit Chakraborty Mr. Debsoumya Basak Ms. Swati Kumari Singh …for the ED/respondent no. 5 1. By presenting this writ petition petitioner has expressed grievance for not taking steps by the concerned police authorities based on complaint dated 12th December, 2024. Reliance is placed on the order dated 22nd April, 2025 passed on the writ petition being WPA 7627 of 2025. Petitioner prays for direction upon the concerned investigating authorities to investigate based on complaint dated 12th December, 2024. 2. respondents are represented by learned advocates. 2 3. Learned advocate representing State respondents has filed a communication dated 30th July, 2026 of Officer-in-Charge, Purba Jadavpur Police Station, Kolkata and same is taken on record. Copy of said communication is made over to learned advocate representing petitioners. 4. It is disclosed in communication dated 30th July, 2026 that allegations made by petitioner relate to title, possession and fraudulent mortgage of immovable property which according to police authority is civil in nature and needs to be delved into by Civil Court. 5. On perusal of order dated 22nd April, 2025 passed on WPA 7627 of 2025 by the coordinate bench it appears petitioners were granted liberty to approach Officer-in-Charge, Purba Jadavpur Police Station with complaint dated 12th December, 2024 and police authorities were directed to act in accordance with law on consideration of said complaint. 6. It is disclosed in communication dated 30th July, 2026 of Officer-in-Charge, Purba Jadavpur Police Station that complaint dated 12th December, 2024 was not received by Purba Jadavpur Police Station and same is disputed by learned advocate representing petitioners relying upon certain 3 communications which are annexed to this writ petition. 7. Notwithstanding complaint dated 12th December, 2024 was submitted before Purba Jadavpur Police Station or not petitioner shall be at liberty to file further complaint before Officer-in-Charge, Purba Jadavpur Police Station for taking necessary steps in accordance with law. 8. However, if petitioners find that in spite of lodging complaint till date no effective steps have been taken by the concerned police authorities by registering FIR in that event petitioner shall be at liberty to approach jurisdictional Magistrate under Section 175(3) BNSS 2023. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque Padamsee and Others vs. Union of India & Others). 9. In view of availability of alternative remedy present writ petition is not entertained and same stands dismissed. 10. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy. 11. It is made clear if jurisdictional Magistrate is approached pursuant to order passed today 4 said jurisdictional Magistrate shall decide the issue in accordance with law not being influenced by order passed today on the present writ petition. 12. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)