Disposed¶12

Nayan Mondal and Ors. v. State of West Bengal and Ors.

Calcutta HC1 Dec 2025WPA/8844/2023

Case brief

AI extract

What is this about?

Forged deeds; disturbance of peaceful possession; police failure to act on complaints; remedy via jurisdictional Magistrate under Section 175 BNSS; police vigilance and law-and-order direction; writ petition disposed of; no costs; allegations deemed not admitted; Nayan Mondal & Ors. v. State of West Bengal & Ors.; WPA No. 8844 of 2023; decided 01.12.2025; single judge Suvra Ghosh, J.

What did the court decide?

Writ petition disposed of with directions: petitioners given liberty to approach the jurisdictional Magistrate under Section 175 of the BNSS if the police fail to act on their complaints; police authority directed to keep vigil over the area to prevent untoward incidents and maintain law and order; petitioners to serve copy of the application on Mr. Pantu Deb Roy the same day; no order as to costs. ¶12

Nayan Mondal and Ors. Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the police should act on the petitioners' complaints that the private respondents are trying to enter the petitioners' property on the basis of forged deeds and disturb their peaceful possession, and what redressal is available if the police fail to act.

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Court's answer

In the event the police authority has failed to take steps pursuant to the complaints lodged by the petitioners, the petitioners are at liberty to approach the jurisdictional Magistrate for redressal of their grievance under Section 175 of the BNSS.

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Ratio / Principle

The police authority is directed to keep vigil over the area so that no untoward incident takes place and law and order is maintained.

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Key takeaways

Since no affidavit was invited, the allegations contained in the writ petition are deemed not to have been admitted.obiter¶14

Detailed headnote1 paragraphs

Writ petition WPA No. 8844 of 2023 (Nayan Mondal & Ors. v. The State of West Bengal & Ors.), order dated 01.12.2025 passed by Suvra Ghosh, J. None appeared for the respondents despite service, and Mr. Pantu Deb Roy, who usually appears for the State, was requested to represent the State. The petitioners complained that the private respondents were attempting to enter their property and disturb their peaceful possession on the basis of forged deeds, and that police had not acted on their complaints. The Court disposed of the writ petition, holding that where the police authority fails to take steps pursuant to such complaints, the petitioners may approach the jurisdictional Magistrate for redressal under Section 175 of the BNSS; the police authority was further directed to keep vigil over the area so that no untoward incident takes place and law and order is maintained. No order as to costs; since no affidavit was invited, the allegations in the writ petition are deemed not admitted.

Nayan Mondal and Ors. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Nayan Mondal and Ors. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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