Nishakar Murmu Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Nishakar Murmu Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted in the writ petition; petitioner left free to approach the jurisdictional Magistrate under Section 175(3) BNSS 2023 for redressal of his grievance regarding police inaction.

Issue for consideration

Whether the writ petition should be entertained, given that the petitioner's alleged dispossession occurred in 2021 while the petition was filed on 8 July 2026, i.e. about five years later. +1 more

Court's answer

The writ petition is not interfered with and stands dismissed: although the petitioner was dispossessed in 2021, the petition was filed only on 8 July 2026 — precisely after five years — and the petitioner ought to have approached the Court contemporaneously.

Ratio / Principle

For redressal of the grievance arising from police inaction on his complaint, the petitioner needs to approach the jurisdictional Magistrate under Section 175(3) BNSS 2023.

Key takeaways

The dismissal shall not preclude the petitioner from approaching the jurisdictional Magistrate in pursuit of remedy.ratio¶9

Detailed headnote1 paragraphs

WPA 15914 of 2026 (Nishakar Murmu v. The State of West Bengal & Ors.), decided 22.07.2026 by Saugata Bhattacharyya, J.: The petitioner complained of dispossession by the private respondents since 2021, leaving him unable to reside at his residence, and of police inaction despite a last complaint lodged on 15 June 2026. Observing that the writ petition was filed only on 8 July 2026 — precisely after five years — and that the petitioner ought to have approached the Court contemporaneously, the judge declined to interfere and dismissed the petition. Placing reliance on Sujal Vishwas Attavar and Anr. v. State of Maharashtra and Ors., 2026 SCC OnLine SC 798, the Court indicated that redressal for the police inaction lies with the jurisdictional Magistrate under Section 175(3) BNSS 2023, and expressly stated that the dismissal shall not preclude the petitioner from pursuing that remedy.

7 22.07.2026 Ct. No. 05

adeb

WPA 15914 of 2026

Nishakar Murmu

Vs.

The State of West Bengal & Ors.

Mr. Saugata Mitra Mr. Nikhil Kr. Gupta Ms. Soma Chakraborty Mr. Subhadeep Maitra …for the petitioner

Mr. Partha Chakraborty Mr. Palash Byapari

….for the State

Mr. Pradep Saren Mr. S, Ghosh Ms. Saheli Hembrom

…for the private respondents

Affidavit of service filed on behalf of the

petitioner is taken on record.

Grievance of the petitioner is, petitioner is dispossessed by the private respondents as a result whereof petitioner is unable to stay at his residence. It is also submitted that petitioner was driven out of his residence in the year 2021.

It is contended that last complaint was lodged before the concerned police authority on 15^th June, 2026 but no steps have been taken by the police authorities.

Private respondents and State respondents are

represented by learned advocates.

2

From the submission made on behalf of the petitioner it appears that petitioner was dispossessed far back in the year 2021 and present writ petition is filed on 8^th July, 2026 precisely after five years. Petitioner ought to have approached this Court

contemporaneously. However, at the same time grievance is expressed on behalf of the petitioner inaction on the part of the police authorities in taking steps based on the complaint lodged in the month of June, 2026.

If petitioner is aggrieved by inaction on the part of the concerned police authorities in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS 2023 for redressal of grievance.

In this regard reliance is placed on the judgment of the Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra and Ors. ).

Hence, present writ petition is not interfered with and same stands dismissed.

However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy.

3

Parties to act on the server copy of this order duly downloaded from the official

website of this Court.

(Saugata Bhattacharyya, J.)