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2026 DAILYLAW 7601 (CAL)

BIKASH RANJAN MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/6837/2026 · 2026-03-31

Saugata Bhattacharyya

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

28 3311..0033..22002266 Ct. No. 05 adeb WPA 6837 of 2026 Sri Bikash Ranjan Mondal Vs. The State of West Bengal & Ors. Mr. Dipanjan Chatterjee Ms. Shalini Bairagi …for the petitioner Mr. Tapan Coomar Dey Ms. Tithi Paul …for the State Ms. Debjani Sengupta Ms. Poulomi Ghosh …for the respondent nos. 7 and 8 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. Learned advocate representing the petitioner submits that a complaint dated 27th February, 2026 was lodged before the concerned police authority which did not yield result prompting the petitioner to approach this court with the present writ petition seeking direction upon the police authorities to take steps based on this complaint. 3. State respondents and respondent nos. 7 and 8 are represented by learned advocates who have opposed this writ petition. 4. It is submitted by the learned advocate representing respondent nos. 7 and 8 that petitioner filed a title suit being no. 371 of 2 2023 seeking specific performance of contract which was dismissed for default by the learned Civil Judge (Sr. Division) 1st Court, Baruipur on 8th December, 2025 due to failure on the part of the petitioner being plaintiff therein to take steps. It is also submitted that filing of suit is not disclosed in the present writ petition. 5. Learned advocate representing the State respondents has filed a communication dated 31st March, 2026 of Inspector-in-Charge, Sonarpur Police Station which is taken on record. Copy of the communication dated 31st March, 2026 is made over to the learned advocates representing the petitioner and respondent nos. 7 and 8. 6. It is disclosed in the communication dated 31st March, 2026 that based on an agreement made by the petitioner and private respondents for sale of property an amount was paid by the petitioner to respondent no. 8 but due to failure on the part of the petitioner to make subsequent payments property in question could not be purchased by the petitioner resulting in certain steps which were taken by the petitioner not authorized by law and that led to initiation of proceeding being Sonarpur P.S. Case No. 572/23 dated 5th June, 2023 3 under certain provisions of IPC. It is also stated in the said communication dated 31st March, 2026 that on 11th February, 2026 petitioner restrained the private respondents from doing certain work at the property in question leading to breach of peace and violating order passed in proceeding pending before the concerned Executive Magistrate, Baruipur Sub-Division being MP Case No. 372/26 under Section 163(2) of BNSS. 7. From the submissions made on behalf of the parties and the materials available on record it appears that petitioner has grievance for not being able to purchase the property in question in terms of the agreement for sale made between the petitioner and private respondents. Consequently, petitioner filed a title suit being no. 371 of 2023 which was dismissed for default vide order dated 8th December, 2025. 8. The issue involved in this writ petition is civil in nature requiring the petitioner to take necessary steps before the appropriate forum and police authority is not the appropriate authority to decide the consequences due to failure on the part of the petitioner to make payment to the private respondents in terms of agreement for sale. 4 9. Apart from this aspect it is disclosed in the communication dated 31st March, 2026 that police authorities took certain steps and initiated proceedings against the parties to this writ petition and police authorities shall be at liberty to take the same to its logical conclusion. 10. Moreover. it requires to be recorded herein that dismissal of suit for default vide order dated 8th December, 2025 is not disclosed in this writ petition. 11. Hence, no relief can be granted to the petitioner. 12. Writ petition stands dismissed. 13. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)