Sk Hamidulla v. State Of West Bengal And ORS.

17.01.2025 W.P.A. 513 of 2025 Item No.59 Ct. No.35 dc.

Sk. Hamidulla versus The State of West Bengal & Ors.

Mr. Allen Felix ... For the Petitioner.

Mr. Amal Kumar Sen, AGP, Ms. Ashima Das (Sil) ... For the State.

Mr. Anna Malhotra, Mr. Rishav Maity ... For the Respondent No.5.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioner is aggrieved by the inaction of the police authorities particularly with regard to the seizure of his vehicle and in spite of informing the Officer-in-Charge, Dadpur Police Station, no efforts were taken by the police authorities. According to the petitioner, in spite of having the relevant documents, at gunpoint, the vehicle was taken away.

State has submitted a report which reflects that there was a decree passed in favour of Tata Motors Finance Limited by the Sole Arbitrator under the provisions of Arbitration and Conciliation (Amendment) Act, 2015 wherein directions were passed for confiscation of the vehicle. Pursuant to the same, steps have been taken by the authorities. The specific findings of the police authorities are

that the accusations of the petitioner have been found to be untrue, exaggerated and as such, no legal action was taken by the police authorities. In view of the aforesaid, the petitioner would be at liberty to approach the jurisdictional Magistrate under the relevant provisions of law as the petitioner is aggrieved by the findings of the Officer-in-Charge, Dadpur Police Station.

No further interference is called for in view of the report submitted by the State.

With the aforesaid observations, the writ petition being WPA 513 of 2025 is disposed of. There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)