06.10.2026 16 Court No. 05 (ML) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 26126 of 2026 SUDHIR BAURI –Versus – THE STATE OF WEST BENGAL & ORS. Mr. Debapriya Majumder ….for the petitioner Mr. Rachit Lakhmani Mr. Sulagna Sarkar ….for the State respondents 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) By presenting this writ petition, it is alleged that private respondents are trying to dispossess petitioner of land in question which prompted petitioner to lodge complaint before concerned police authorities on 10th September, 2026. Petitioner prays for registration of FIR based on complaint lodged and providing protection so that private respondents cannot take possession of land in question. It is submitted that a proceeding is pending before the civil court. 3) State respondents are represented by learned advocate. 4) If petitioner is aggrieved due to inaction on the part of concerned police authority in not registering FIR based on complaint lodged, petitioner needs to approach 2 jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque Padamsee and Others Vs. Union of India & Others). 5) Petitioner prays for direction upon concerned police authorities which would prevent private respondents from taking possession of land in question. Police authority is not the appropriate authority to decide inter se right of parties over land in question. If petitioner finds that his right over land in question is being denied by private respondents by taking possession, in that event petitioner needs to approach civil court in pursuit of remedy. 6) However, concerned police authorities are directed to maintain peace and tranquility at the locale and to see that no untoward incident takes place. 7) Writ petition is disposed of. 8) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)