23 Ranajit (AR.CT) 24.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 24537 OF 2026 Aparna Kundu -vs- The State of West Bengal & Ors. Mr. Asis Bhattacharyya, Ms. P. Yadav ….for the petitioner. Mr. Rahul Kumar Singh, Mr. D. Upadhyay, ….for the respondent nos.4 & 5. Mr. D. N. Ray, Ms. Sarda Sha, Ms. Ankana Sarkar ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. Petitioner has made out a case that as per development agreement agreed price money of land in question is not paid to petitioner by respondent no.4 being the developer. Instead respondent no.4 with the help of local thugs by breaking open locks of premises entered into said premises thereby prompting petitioner to approach concerned police authorities for taking steps. 3. It is also submitted that application is made before jurisdictional Magistrate under relevant provisions of BNSS, 2023 for obtaining a direction upon police authorities to take necessary steps. However, no order of jurisdictional Magistrate is enclosed to this writ petition. 4. State respondents and respondent no.4 are represented by learned advocates. 5. It is submitted on behalf of respondent no.4 that said respondent no.4 entered into a development agreement with petitioner on belief that petitioner is sole owner of property in question situates under jurisdiction of Tollygunge Police Station. Subsequently, respondent no.4 realized that petitioner is one of co-sharers of the property in question and not sole owner though petitioner posed as a sole owner entered into agreement with respondent no.4. It is further submitted that arbitration proceeding has been initiated by petitioner and issue is pending for consideration. 6. Therefore, it appears that dispute between petitioner and respondent no.4 centers around development agreement which has given rise to a proceeding under the relevant provisions of Arbitration Act. 7. Be that as it may, it is not demonstrated before this Court that petitioner has obtained order from jurisdictional Magistrate thereby directing concerned police authorities to register FIR. 8. Petitioner shall be at liberty to take steps in accordance with law. 9. Hence, at this stage, no further order is warranted. 10. Writ petition stands disposed of. 11. Parties to act on the server copy of this order duly 2 downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 3