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2026 DAILYLAW 48977 (CAL)

RUDRA PRASAD MAHATA v. STATE OF WEST BENGAL AND ORS.

WPA/29536/2025 · 2026-10-09

Anuj Singh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09.10.2026 Court No.758 DL/Item No.–152 [Milan] WPA 29536 2025 RUDRA PRASAD MAHATA VS THE STATE OF WEST BENGAL & ORS. Mr. Aninda Bhattacharya ….for the Petitioner Mr. Lalratan Mondal ….for the Respondent Nos.5 to 9 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. The grievance of the petitioner is that the petitioner has been possessing and cultivating a land situated at LR Dag No.915, Mouza-Kalaikunda, JL No.64 under LR Khatian No.710, area of land 05 decimal under Police Station – Kharagpur (Local) in the district of Paschim Medinipur. The petitioner submits that the private respondents are regularly threatening her with dire consequences. 3. In such circumstances, the petitioner lodged a complaint dated 09.10.2025, inter alia, with the Officer-in-Charge of the Kharagpur (Local) police station. However, despite such complaint, the police authorities have not taken any steps in the matter. 4. The petitioner has, therefore, filed the instant writ petition, inter alia, praying for a direction upon the police authority to look into the complaint dated 09.10.2025. 2 5. The learned advocate for the private respondent nos.5 to 9 appears and opposes the writ petition contending that the same is misconceived. 6. Heard the parties and considered the materials on record. It appears that no order can be passed in the present petition in exercise of extra-ordinary jurisdiction under Article 226 of the Constitution. 7. This order shall not prevent the petitioner to approach the jurisdictional Magistrate with appropriate application to redress his grievance for non registration FIR, pursuant to such complaint dated 09.10.2025. This view is in light of the judgment reported in (2026) 2 SCC 622 [Om Prakash Ambadkar vs. State of Maharashtra & Ors.]. 8. If the application is filed by petitioner, the same shall be disposed of in accordance with law. 9. In view of the aforesaid observations, the instant writ petition being WPA 29528 of 2025 is disposed of accordingly without any order as to costs. 10. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 11. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Anuj Singh, J.)