MOHAN MONDAL @ MAHON MONDAL v. STATE OF WEST BENGAL AND ORS.
WPA/79/2026 · 2026-02-13
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 571 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 571 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
D/L- 4 13/02/2026 Ct. No.-19 Aritra WPA 79 of 2026
Mohan Mondal @ Mahon Mondal Vs. The State of West Bengal & Ors.
Mr. Debarshi Brahma Mr. Subarna Bank Mr. Sayantan Maity
….for the petitioner
Mr. Santanu Chatterjee Ms. Kakali Pal ….for the State
Affidavit of service filed in Court today is taken on record. The petitioner states that the petitioner allowed the respondent No.5 to drive his car which has been registered in his name in the Public Vehicles Department of the Government of West Bengal. The petitioner alleges that the police authorities have not taken any steps in spite of an order dated December 19, 2024 passed by the Sub- Divisional Magistrate, Tehatta, District-Nadia in a proceeding under Section 97 of BNSS. The learned advocate appearing for the State files a report of the Inspector-in-Charge, Nakashipara, Nadia dated January 13, 2026, which is taken on record. In the said report it has been stated at the time of enquiry the respondent No.5 has produced the original Registration
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Certificate (Blue Book) and a Notarized Sale Agreement executed between the petitioner and the respondent No.5. Thus it appears that there was some sort of arrangement between the petitioner and the respondent No.5 with regard to possession of the vehicle in question. A writ court cannot enter into a dispute as to the violation of any terms and conditions of a sale agreement between to private parties in respect of a movable property. A dispute as to the right to possess a movable property cannot be the subject matter of a writ petition. For such reason this Court is not inclined to grant any relief to the petitioner. Accordingly, WPA 79 of 2026 stands disposed of with the above observations. It is however, made clear that this order shall not prevent the petitioner from approaching the proper forum for appropriate relief in accordance with law. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Hiranmay Bhattacharyya, J.)