17.09.2026 10 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 23395 of 2026 Smt Rupali Saha (Mondal) & Anr. –Versus – State of West Bengal & Ors. Mr. Prasad Bhattacharyya …for the petitioners Mr. Amit Baran Dash Mr. Sanju Agarwal …..for the State respondents 1) Affidavit of service filed on behalf of petitioners is taken on record. 2) By presenting this writ petition, petitioners complain of overt action by concerned police personnel of New Town Police Station, Bidhannagar Police Commissionerate. It is submitted that even after withdrawal of warrant of arrest by a coordinate Bench vide order dated 9th January, 2026 passed on execution proceeding being EC-COM/560/2025 on 11th February, 2026 police personnel barged into house of petitioners for execution of warrant of arrest. Prayer is made for directing concerned police authorities to initiate disciplinary action against errant police personnel. 2 3) State respondents are represented by learned advocate who has filed a communication dated 7th September, 2026 of Inspector-in-Charge of New Town Police Station 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 7th September, 2026 that police personnel on 12th February, 2026 went to house of petitioners for execution of warrant of arrest and knocked the door but police personnel were not provided access into the house of petitioners by opening door. Consequently police personnel had to return from premises of petitioners without executing warrant of arrest. Allegation of petitioners that there was overt action is denied on behalf of State respondents. 5) From submissions made on behalf of respective parties, it appears that in aforesaid execution proceeding the coordinate Bench passed an order dated 18th December, 2025 issuing warrant of arrest against petitioner no. 2 for not complying with order dated 6th November, 2025. Said order was communicated by Deputy Sheriff of Calcutta High Court to Officer-in-Charge of New Town Police station for execution of warrant of arrest. Subsequently vide order dated 9th January, 2026 of the coordinate Bench warrant of arrest issued against petitioner no. 2 was withdrawn considering undertaking submitted by petitioner no. 2 to file affidavit of assets and to remain 3 present for execution of award passed in arbitration proceeding. 6) It is contended on behalf of petitioners in reference to a document at page 23 of writ petition that order dated 9th January, 2026 was communicated to New Town Police Station on same date i.e. 9th January, 2026. According to the petitioners, in view of order dated 9th January, 2026 passed by the coordinate Bench thereby withdrawing warrant of arrest, concerned police personnel should not have taken steps for execution of warrant of arrest by visiting house of petitioners. 7) Court finds that it is disputed question of facts whether there was overt action on the part of concerned police authorities on 11th February, 2026 as alleged by petitioners since it is disclosed vide communication dated 7th September, 2026 that on finding door of petitioners’ residence closed police personnel had to return without taking steps. Unless it is concluded that there is overt action on the part of police authorities prayer couched in this writ petition to direct concerned police authorities to initiate disciplinary proceedings against errant police personnel ought not to be allowed. 8) However in view of representation dated 24th February, 2026 made by petitioner no. 1 before the Commissioner of Police, Bidhannagar Police Commissionerate being respondent no. 3, respondent no. 3 shall be at liberty to enquire into the issue and take decision in accordance with law. 4 9) With aforesaid observations, writ petition stands disposed of. 10) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)