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2026 DAILYLAW 7619 (CAL)

MD. ASIF @ MOHAMMED ASIF v. STATE OF WEST BENGAL AND ORS.

WPA/6646/2026 · 2026-04-01

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01.04.2026 08 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 6646 of 2026 Md. Asif @ Mohammed Asif –Versus – The State of West Bengal & Others Ms. Barnali Gupta Mr. Sk. Nizamuddin ……for the petitioner Mr. Suman Sengupta Mr. Pradyot Kumar Das ……for the State respondents Mr. Suman Chakraborty Ms. Monisha Joshi …….for the respondent nos. 5 and 6 1) Affidavit of service filed on behalf of the petitioner is taken on record. 2) It is submitted that local persons are obstructing employees of West Bengal State Electricity Distribution Company Limited (WBSEDCL) in erecting pole for providing electricity to the premises of the petitioner. It is submitted that petitioner lodged a complaint before the concerned Police Station on 24th February, 2026 but that did not yield any result. 3) State respondents are represented by learned advocate who has filed a communication dated 1st 2 April, 2026 of Officer-in-Charge of Pandua Police Station and same is taken on record. Copy of said communication dated 1st April, 2026 is made over to the learned advocate representing the petitioner. 4) It is disclosed in the communication dated 1st April, 2026 that dispute persisting between the petitioner and other local persons is civil in nature. It is also stated in said communication that on enquiry no recent incident of threat is found. 5) However, to maintain peace and tranquility a proceeding under section 126/135 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was initiated against the private respondents vide Pandua Police Station NCR No. 502 of 2026 dated 1st March, 2026. 6) Since it is disclosed on behalf of the State respondents that dispute between the petitioner and the local persons is civil in nature, petitioner needs to approach before the appropriate forum in pursuit of his remedy. No element is found in this writ petition warranting direction upon the police authority to take steps which would facilitate the process of extending electricity to the premises of the petitioner. 7) Hence, no relief can be granted to the petitioner and writ petition stands dismissed. 8) However, this order shall not preclude the petitioner to approach the appropriate forum in accordance with law. 9) There shall be no order as to costs. 3 10) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)