32. 32. 08.10.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 26973 OF 2026 HESABUDDIN MALLIK VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Debottam Das, Adv. … For Petitioner Mr. Madhu Jana, Adv. Mr. Rahul Agarwala, Adv. … For State Mr. Shibashis Chowdhury, Adv. Mr. Syed Murshid Alam, Adv. Mr. Subrata Ghosh, Adv. Ms. Reshma Khatun, Adv. … For Private Respondents 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition prayer is made for directing the concerned police authority to register FIR based on complaint lodged. It is submitted that issue involved in this writ petition centers around property. However, a complaint was lodged on 13th September, 2026 which did not yield any result prompting petitioner to approach this Court praying for direction upon concerned police authorities to take steps. 3. State respondents and private respondents are represented by learned advocates. 4. There is an alternative remedy available to petitioner to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023 in the event complaint is not transformed into FIR. In this regard, reliance is placed on judgment of the Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque Padamsee and others vs. Union of India and others). [2] 5. Due to availability of alternative remedy, present writ petition is not entertained and same stands dismissed. 6. However, this order shall not preclude petitioner to approach jurisdictional Magistrate in pursuit of remedy. 7. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)