Extracted from the PDF above. The PDF is authoritative.
08.10.2026 19 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE)
WPA 26824 of 2026
Pravas Chowdhury –Versus – The State of West Bengal & Ors.
Mr. Souraghya Chatterjee
Ms. Shalini Singh
….for the petitioner
Mr. Madhu jana
Ms. Simran SUreka
…for the State respondents
Mr. Sounak Bhattacharyya
Mr. Kallo Maiti
Mr. Sunil Gupta
….for the respondent nos. 4-6
1) Affidavit of service filed on behalf of petitioner is taken on record. 2) By presenting this writ petition, petitioner alleges inaction on the part of police authorities in conducting enquiry on receipt of complaint lodged. It is alleged that steps were taken by some persons to forcibly take possession of property and petitioner was assaulted and as such necessary steps are required to be taken by the concerned police authorities. 3) Learned advocate representing State respondents has opposed this writ petition and it is submitted that
2 issue centers around allotment of flats to others by petitioner. 4) Mr. Bhattacharyya, learned advocate representing respondent nos. 4 to 6 has submitted that in spite of making payment for purchasing flats, flats are not allotted thereby compelling persons who made payment for purchasing flats to initiate proceedings before the consumer dispute redressal forum. It is submitted that as a counterblast this complaint was lodged on 15th September, 2026. 5) Be that as it may, if petitioner finds that in spite of lodging complaint necessary steps are not being taken by concerned police authorities by registering an FIR, in that event petitioner shall be at liberty to approach 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). 6) In view of availability of alternative remedy, writ petition is not entertained and same stands dismissed. 7) However, this order shall not preclude petitioner to approach jurisdictional Magistrate in pursuit of remedy. 8) Parties to act on server copy of this order duly downloaded from the official website of this Court.
(Saugata Bhattacharyya, J.)