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

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

What the court decided

AI extract

Outcome

Petitioner permitted to approach the appropriate forum for redressal; if his complaint has not been acted upon by the police authorities, to approach the jurisdictional Magistrate under Section 175 of the BNSS; police directed to keep strict vigil in the area and refrain from intervening in the private dispute unless assistance is sought; no order as to costs.

Issue for consideration

Whether the petitioner is restrained by the private respondent (respondent no. 5) from entering into his own property. +2 more

Ratio / Principle

The dispute between the parties is essentially civil in nature.

Key takeaways

The petitioner is at liberty to approach the appropriate forum for redressal of his grievance.ratio¶10
If the complaint lodged by the petitioner has not been acted upon by the police authorities, he shall approach the jurisdictional Magistrate under Section 175 of the BNSS.ratio¶10
The police authority shall keep strict vigil in the area and shall refrain from intervening in any private dispute between the petitioner and the private respondent unless assistance is sought.

Detailed headnote1 paragraphs

Writ petition disposed of. Dispute between petitioner Shukur Mahammad and private respondent no. 5 over restraint on the petitioner's entry into his own property, and over a contested notarized agreement for sale (respondent no. 5 claiming agreed consideration of Rs.60 lakhs with Rs.4 lakhs paid; petitioner alleging the agreements and signatures are forged and manufactured), held by the Court to be essentially civil in nature. Petitioner given liberty to approach the appropriate forum; if his complaint lodged with the police has not been acted upon, he is to approach the jurisdictional Magistrate under Section 175 of the BNSS. Police directed to keep strict vigil in the area and to refrain from intervening in the private dispute between the parties unless assistance is sought. No order as to costs; since no affidavit was invited, allegations in the writ petition deemed not admitted.

37 jdt. 23.02.2026 jb.

WPA 24729 of 2025 (Shukur Mahammad vs. State of West Bengal & Ors.)

Mr. Anindya Sundar Das Mr. Shanunak Ghosh Ms. Suva Gayen Ms. Paramita Mondal Mr. Suman Halder …. For the Petitioner Mr. Jayanta Samanta Mr. Tapas Ballav Mandal …. For the State Mr. Aniruddha Bhattacharyya Mr. Uttam Mukherjee Wasim Akram

…. For the Respondent no. 5

Exception to the affidavit used by the petitioner is taken on record.

The petitioner alleges that he is restrained by the private respondent from entering into his own property.

Per contra, private respondent no. 5 says that a notarized agreement for sale was entered into by and between the private respondent and the petitioner and others wherein consideration amount was decided at Rs.60 lakhs out of which the private respondent paid Rs.4 lakhs to the sellers including the petitioner. Though the other cosharers have executed deeds of sale in favour of the private respondent, the petitioner has refused to do so and has demanded an escalation of his share of the consideration amount.

In reply, the petitioner states that the agreements are forged and manufactured. The signature in the agreement is also forged.

2

Upon consideration of submission made on behalf of the parties, this Court is of the view that the dispute between the parties is essentially civil in nature. The petitioner is at liberty to approach the appropriate forum for redressal of his grievance. In the event the complaint lodged by the petitioner has not been acted upon by the police authorities, he shall approach the jurisdictional Magistrate under Section 175 of the BNSS. In the meantime, the police authority shall keep strict vigil in the area and shall refrain from intervening in any private dispute between the petitioner and the private respondent unless assistance is sought.

The writ petition is disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)