Tanmay Sau v. State Of West Bengal And ORS.

14.05.2026 12 Court No. 05 (DL) (Suvendu Mukherjee)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 9846 of 2026 Tanmay Sau -Versus - The State of West Bengal & Others Md. Jamaluddin Ahmed .....for the petitioner Mr. Sayak Ranjan Ganguly Ms. Srijani Ghosh Ms. Kripa Kami Ms. Srimrin Hussain ........for the respondent no. 4

1) Matter is taken up for consideration in presence of learned advocates representing the petitioner and respondent no. 4. However State respondents are not represented.

2) By presenting this writ petition, petitioner has prayed for direction upon the concerned police authority to take steps which would facilitate the petitioner to run his transportation business.

3) However on perusal of averments made in writ petition and on hearing learned advocates representing the parties present before this Court today, it appears that petitioner defaulted in payment of Equal Monthly Installments (for short, "EMI") in terms of hire purchase agreement. Apprehending steps to be taken by the bank authority petitioner has moved this writ

petition seeking direction upon the concerned police authority which would prevent bank authority to take steps in terms of hire purchase agreement. If petitioner is aggrieved by action of the bank authority, in that event petitioner is required to take steps in terms of conditions of the hire purchase agreement. By issuing mandamus right of the petitioner to utilize vehicle connected to hire purchase agreement ought not to be delved into when he fails to pay EMI in terms of hire purchase agreement.

4) In view of aforesaid, no relief can be granted to the petitioner.

5) Writ petition stands dismissed.

6) Petitioner shall be at liberty to approach appropriate forum for remedy.

7) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)