Summary of Writ Petition

 

Summary of Writ Petition No. 25557 of 2026

In the High Court at Calcutta

Sankar Prashad Dalapati vs. Rajpur-Sonarpur Municipality & Ors.

W.P.A. No. 25557 of 2026

Article 226

Constitutional Writ Jurisdiction • Appellate Side

Petitioner: Sri Sankar Prashad Dalapati

Private Respondents: Bhupal Naskar and Dulal Naskar

Advocate on Record: Asumdipta Santra, Advocate, High Court, Calcutta.

1. Subject matter of the writ petition

The writ petition concerns an alleged unauthorised commercial vehicle garage and construction in a residential area within the jurisdiction of Rajpur-Sonarpur Municipality.

The petitioner claims that the private respondents, Bhupal Naskar and Dulal Naskar, have allegedly erected an unauthorised masonry and reinforced-concrete structure and are commercially operating a vehicle garage on approximately 14 cottahs of land.

2. Allegations made by the petitioner

According to the synopsis of facts, the alleged garage operation has resulted in:

• Parking and repair of heavy vehicles in a residential locality.
• Noise pollution and environmental hazards.
• Security concerns for neighbouring residents.
• Obstruction of public pathways.
• Disturbance to the peaceful enjoyment of the locality.

The petitioner further alleges that the garage may be operating without the necessary statutory permissions, including:

1. A sanctioned building plan.
2. Municipal permission.
3. A trade licence.
4. Fire-safety clearance.
5. An occupancy certificate.
6. Other applicable statutory approvals.

Important: These are allegations recorded in the petition's synopsis and are not established findings of a court.

3. Property details

The property in question is described as being situated at:

• Mouza: Teghari
• J.L. No.: 52
• R.S. Dag No.: 66
• L.R. Dag No.: 68
• R.S. Khatian No.: 135/1
• Approximate area: 14 cottahs

4. Representations submitted by the petitioner

The petitioner states that the following representations were submitted:

Date	Particulars
03 June 2026	Detailed representation submitted to the Chairman of Rajpur-Sonarpur Municipality.
14 August 2026	Representation submitted to the concerned fire-services authorities.

The petitioner alleges that no effective inspection, inquiry, or statutory action was taken in response to these representations.

5. Respondents

The petition's addressee list includes the following authorities:

• Rajpur-Sonarpur Municipality.
• Chairman and Executive Officer of the Municipality.
• Board of Councillors.
• Inspector-in-Charge, Narendrapur Police Station.
• Urban Land Ceiling Clearance Office.
• Divisional Fire Officer, South 24 Parganas.
• Director General, West Bengal Fire & Emergency Services Department.
• Bhupal Naskar and Dulal Chandra Naskar as private respondents.

6. Purpose of the writ petition

The petition has been filed under Article 226 of the Constitution of India, invoking the writ jurisdiction of the High Court at Calcutta.

From the available document, the apparent objective is to seek judicial intervention regarding the alleged unauthorised construction and commercial garage operation and to secure appropriate action by the concerned statutory authorities.

The specific final reliefs sought by the petitioner are not fully available in the supplied six-page document.

7. Proposed date of hearing

The forwarding letter states that the matter was intended to be moved before:

• Hon’ble Justice Raja Basu Chowdhury
• Court Room No. 3
• 18 September 2026, or thereafter, subject to the Court’s business.

8. Documents annexed or referred to

The index refers to the following documents:

• Writ petition.
• Photocopy of the L.R. plot information.
• Representation dated 03 June 2026.
• FIR complaint dated 14 August 2026.

Conclusion

The writ petition is essentially a complaint concerning alleged unauthorised construction and the commercial operation of a vehicle garage in a residential locality. The petitioner contends that the municipal and other statutory authorities failed to take effective action despite written representations, leading to the filing of the writ petition under Article 226.

 

APPLICATION UNDER SECTION 227(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

 

IN THE COURT OF THE LEARNED 13TH JUDICIAL MAGISTRATE

AT CALCUTTA

 

C.S. Case No. 328168 of 2026

{Under Section 25 Payment & Settlement Act 2007}

 

L & T FINANCE LIMITED

... Complainant

-Versus-

 

RANJIT SINGH, & OTHERS

... Accused Persons

 

APPLICATION ON BEHALF OF THE ACCUSED PERSONS, NAMELY, RANJIT SINGH AND HARJEET KAUR, UNDER SECTION 227(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, FOR SUPPLY OF A COPY OF THE COMPLAINT AND ALL DOCUMENTS ANNEXED THERETO, THE SAME NOT HAVING BEEN SERVED ALONG WITH THE SUMMONS

 

MOST RESPECTFULLY SHOWETH;

 

1. That the instant case, being C.S. Case No. 328168 of 2026, has been instituted before this Learned Court by the complainant, namely, L & T Finance Limited, against the accused persons, including the present applicants, in connection with an alleged offence under Section 25 of the Payment and Settlement Systems Act, 2007.

 

2. That the present applicants, namely, (i) Ranjit Singh, Proprietor of Janata Trading Co., residing at Kolkata Bajar Road, Nayapara, Sambalpur Sadar, P.O. Sambalpur, Odisha – 768001; and (ii) Harjeet Kaur, residing at Kolkata Bajar Road, Nayapara, Sambalpur Sadar, P.O. Sambalpur, Odisha – 768001, are the accused persons in the aforesaid proceeding and are filing the present application through their learned Advocate.

 

3. That this Learned Court was pleased to issue summons dated 01.09.2026, directing the accused persons to appear before this Learned Court on 06.10.2026 at 10:00 a.m., in connection with the aforesaid case.

 

4. That upon receipt of the aforesaid summons, the present applicants carefully examined the contents thereof and found that the summons mentions an alleged charge under Section 25 of the Payment and Settlement Systems Act, 2007.

 

5. That the summons further contains an endorsement stating “Copy attached” against the particulars of the alleged offence.
6. That, however, the applicants state that the copy of the complaint, as referred to in the summons, was not supplied or enclosed along with the summons served upon them.

 

7. That the applicants are, therefore, presently unaware of the precise factual allegations made against them by the complainant, the specific transactions relied upon, the nature of the alleged contravention, the basis of the alleged criminal liability, and the materials, if any, relied upon by the complainant for the purpose of initiating the present proceeding.

 

8. That the applicants most respectfully submit that the complaint is the foundational document of a complaint case. The allegations contained therein are required to be examined by the accused persons and their learned Advocate in order to understand the precise nature of the prosecution case and to take appropriate legal steps in accordance with law.

 

9. That Section 227(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 expressly provides that, in a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.

 

10. That the aforesaid statutory requirement is intended to ensure that an accused person is duly informed of the allegations forming the basis of the criminal proceeding and is afforded a meaningful opportunity to defend himself or herself in accordance with law.

 

11. That the applicants respectfully submit that the absence of the complaint from the papers served upon them has caused substantial difficulty in understanding the case and preparing an effective response before this Learned Court.

 

12. That the applicants are desirous of appearing before this Learned Court and cooperating with the judicial proceedings, subject to their rights and remedies available under law. However, the applicants are entitled to receive a copy of the complaint before being required to effectively respond to the allegations made against them.

 

13. That unless and until a copy of the complaint is made available to the applicants, the applicants will not be in a position to ascertain, inter alia a. The precise allegations levelled against each of the accused persons; b. The factual circumstances in which the alleged offence is stated to have been committed; c. The specific transaction or transactions forming the subject matter of the complaint; d. The role attributed to each of the accused persons individually; e. The basis upon which the complainant alleges the commission of an offence under Section 25 of the Payment and Settlement Systems Act, 2007; and f. The nature of the relief or adjudicatory action sought by the complainant before this Learned Court.

 

14. That the applicants further submit that, if any documents, statements, transaction records, notices, authorisations, agreements, electronic records or other materials have been annexed to or incorporated into the complaint and have been relied upon for the institution of the proceeding, the applicants may also require copies of such materials, subject to the applicable provisions of law and the orders of this Learned Court.

 

15. That the applicants state that the present application is being filed bona fide and in the interest of justice. The same is not intended to delay the proceeding or to avoid the jurisdiction of this Learned Court in any manner whatsoever.

 

16. That the applicants crave leave to submit that an accused person cannot be expected to effectively answer or address allegations which have not been disclosed to him or her through the foundational complaint. Furnishing a copy of the complaint would enable the applicants to understand the case, obtain appropriate legal advice and take such steps as may be permissible in law.

 

17. That the applicants further submit that the omission to furnish the complaint along with the summons appears to be an inadvertent procedural omission, and the applicants seek rectification of the same by obtaining the relevant documents from the records of this Learned Court.

 

18. That the applicants undertake to receive the copy of the complaint and the relevant accompanying documents through their learned Advocate or in such manner as this Learned Court may deem fit and proper.

 

19. That the applicants reserve their right to take such further steps, including filing an appropriate application or raising appropriate legal objections, as may be advised upon perusal of the complaint and the documents supplied to them. The present application may kindly not be construed as an admission of the allegations made in the complaint or as a waiver of any defence or legal remedy available to the applicants.

 

20. That it is, therefore, just, necessary and expedient, in the interest of fairness and the proper administration of criminal justice, that the complainant or the concerned office of this Learned Court be directed to furnish the applicants with a complete and legible copy of the complaint and the documents required to accompany the same in accordance with law.

 

In the aforesaid facts and circumstances, it is most humbly prayed that Your Honour may graciously be pleased to;

 

a. Allow the present application;

 

b. Direct the concerned office of this Learned Court and/or the complainant, L & T Finance Limited, to furnish the applicants with a complete and legible copy of the complaint filed in connection with C.S. Case No. 328168 of 2026, the same not having been supplied along with the summons;

and

 

c. Pass such other or further order or orders as Your Honour may deem fit and proper in the interest of justice.

 

AND FOR THIS ACT OF KINDNESS, THE APPLICANTS, AS IN DUTY BOUND, SHALL EVER PRAY.

 

VERIFICATION

 

I, Ranjit Singh, one of the applicants above named, do hereby verify that the statements made in paragraphs 1 to 20 of the foregoing application are true and correct to my knowledge and belief, based on the records available to me, and that I have not suppressed any material fact.

 

Verified at Calcutta on this _____ day of ____________, 2026.

 

 

 

 

Signature of the Applicant

Ranjit Singh

APPLICATION UNDER SECTION 228 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

 

IN THE COURT OF THE LEARNED 13TH JUDICIAL MAGISTRATE

AT CALCUTTA

 

C.S. No. 328168 of 2026

{Under Section 25 Payment & Settlement Act 2007}

 

L & T FINANCE LIMITED

... Complainant

-Versus-

 

RANJIT SINGH, & OTHERS

... Accused Persons

 

APPLICATION ON BEHALF OF THE ACCUSED/PETITIONERS UNDER SECTION 228 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, CORRESPONDING TO SECTION 205 OF THE CODE OF CRIMINAL PROCEDURE, 1973, READ WITH SECTION 355 OF THE BNSS, 2023, PRAYING FOR DISPENSATION OF PERSONAL ATTENDANCE AND FOR PERMISSION TO BE REPRESENTED THROUGH LEARNED ADVOCATE

 

MOST RESPECTFULLY SHOWETH;

 

1. That the present application is being filed on behalf of the accused/petitioners, namely, (i) Ranjit Singh, and (ii) Harjeet Kaur, both residing at Kolkata Bajar Road, Nayapara, Sambalpur Sadar, P.O. Sambalpur, District Sambalpur, Odisha – 768001, in connection with the instant complaint case being C.S. No. 328168 of 2026, instituted by the complainant, L & T Finance Limited.

 

2. That the instant complaint case has been instituted alleging commission of an offence punishable under Section 25 of the Payment and Settlement Systems Act, 2007, as reflected in the summons issued by this Learned Court.

 

3. That this Learned Court has been pleased to issue summons upon the accused persons requiring them to appear before this Learned Court on 06.10.2026 at 10:00 a.m. The summons specifically records the direction that the accused persons are required to appear “in person / by pleader” before the Learned 13th Judicial Magistrate at Calcutta.

 

4. That the accused persons most respectfully submit that the aforesaid expression appearing in the summons itself permits appearance through a pleader/advocate, subject to the discretion and satisfaction of this Learned Court. The accused persons, therefore, seek permission to be represented through their learned advocate, without insisting upon their physical presence on each and every date of hearing.

 

5. That the accused No. 1, namely, Ranjit Singh, is a permanent resident of Sambalpur, Odisha, and is carrying on business under the name and style of Janata Trading Co. The accused is presently undergoing medical treatment for his existing health-related difficulties and has been advised medical care and treatment. His medical documents are being annexed to the present application for the kind consideration of this Learned Court.

 

6. That, owing to his present medical condition and the necessity of continuing medical consultation and treatment, it would cause considerable hardship and inconvenience to accused No. 1 to undertake repeated long-distance journeys from Sambalpur, Odisha, to Kolkata for the purpose of attending each and every date fixed in the instant proceeding.

 

7. That accused No. 2, namely, Harjeet Kaur, is also a permanent resident of Sambalpur, Odisha, and is presently undergoing medical treatment. She has been suffering from severe pain in her right leg and, owing to the said condition, is presently unable to walk normally and is experiencing considerable difficulty in moving from one place to another.

 

8. That the medical prescriptions and treatment-related documents concerning accused No. 2, Harjeet Kaur, are annexed hereto for the kind perusal and consideration of this Learned Court. Her physical condition makes long-distance travel from Sambalpur to Kolkata particularly difficult and causes her considerable pain, discomfort and hardship.

 

9. That the accused persons further submit that they are residing at a considerable distance from the jurisdiction of this Learned Court. Their repeated physical attendance at Kolkata would entail substantial travelling expenditure, physical inconvenience, disruption of business and domestic responsibilities, and additional hardship, particularly in view of the present medical circumstances of the accused persons.

 

10. That the accused persons have the utmost respect for the majesty of law and for the authority and dignity of this Learned Court. They have never intended and do not intend to evade the process of law, avoid the jurisdiction of this Learned Court or cause any unnecessary delay in the disposal of the instant proceeding.

 

11. That the accused persons have duly authorised and engaged Learned Advocate Shri Pritam Das to represent them before this Learned Court in connection with the instant complaint case. The said learned advocate shall appear, act and plead on behalf of the accused persons and shall take all necessary steps for the proper conduct of the proceeding in accordance with law.

 

12. That the accused persons undertake that their learned advocate, Shri Pritam Das, shall remain duly present before this Learned Court on the dates fixed for hearing, subject to the orders and directions of this Learned Court, and shall duly represent the accused persons throughout the proceeding, unless otherwise directed.

 

13. That the accused persons further undertake to furnish all necessary instructions, documents and assistance to their learned advocate for the proper and effective conduct of their defence. They shall extend their fullest cooperation for the expeditious disposal of the instant complaint case.

 

14. That the accused persons respectfully submit that the instant proceeding, as reflected from the nature of the summons issued by this Learned Court, is being proceeded with before a Learned Magistrate and is stated by the accused persons to be summary in nature and triable by a Magistrate of the First Class. The accused persons submit that, having regard to the nature of the proceeding and the nature of the relief sought herein, their personal attendance on each and every date is not indispensable for the effective progress of the case, subject to the satisfaction of this Learned Court.

 

15. That the accused persons further submit that the summons expressly provides an option to appear “in person / by pleader”. The accused persons are, therefore, seeking to avail themselves of the said facility by requesting this Learned Court to permit their representation through their learned advocate, particularly in view of their medical conditions and their considerable distance from Kolkata.

 

16. That the accused persons undertake that they shall not dispute or put the complainant to proof of the identity of the accused persons in the course of the proceedings, where the same is otherwise legally permissible, and shall remain represented through their learned advocate, Shri Pritam Das.

 

17. That the accused persons further undertake that they shall not unnecessarily object to or dispute the evidence and documents tendered by the complainant during the trial in the presence of their learned advocate, Shri Pritam Das, and shall cooperate with the conduct of the proceeding. Such undertaking is intended to facilitate the expeditious disposal of the matter and shall not be construed as an admission of the allegations contained in the complaint or as a waiver of any substantive or legally protected defence, unless expressly made in accordance with law.

 

18. That the accused persons undertake that, whenever their personal presence is specifically directed by this Learned Court for any purpose, including recording of plea, identification, examination under the applicable law, or any other purpose where such personal attendance is considered necessary in the interest of justice, they shall appear before this Learned Court on the date so directed, subject to any further order passed by this Learned Court.

 

19. That the accused persons further undertake that they shall not seek unnecessary adjournments and shall not adopt any course of conduct that may impede the expeditious disposal of the instant complaint case.

 

20. That Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 205 of the Code of Criminal Procedure, 1973, empowers the Learned Magistrate, where sufficient reason exists, to dispense with the personal attendance of an accused and permit the accused to appear through an advocate.

 

21. That the accused persons respectfully submit that their present medical difficulties, the inability of accused No. 2 to walk normally due to severe right-leg pain, the ongoing treatment of accused No. 1, the considerable distance between Sambalpur and Kolkata, and the engagement of a duly instructed learned advocate constitute sufficient and genuine grounds for consideration of the present application.

 

22. That the accused persons further submit that, in the event that this Learned Court considers it appropriate to proceed with the enquiry or trial in the absence of the accused persons while they are represented by their learned advocate, the provisions of Section 355 of the BNSS, 2023, may also kindly be considered, subject to the satisfaction of this Learned Court and the requirements of law.

 

23. That the accused persons are ready and willing to comply with any reasonable terms and conditions that this Learned Court may deem fit and proper to impose while allowing the present application.

 

24. That no prejudice shall be caused to the complainant or to the proper adjudication of the instant complaint case if the personal attendance of the accused persons is dispensed with and they are permitted to be represented through their learned advocate. On the contrary, such an order would avoid unnecessary hardship to the accused persons while ensuring the proper and orderly progress of the proceeding.

 

25. That the present application is being filed bona fide and in the interest of justice, and the accused persons pray that the same may kindly be allowed.

 

In the aforesaid facts and circumstances, it is, therefore, most humbly prayed that Your Honour may graciously be pleased to;

 

a) Allow the present application filed under Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 205 of the Code of Criminal Procedure, 1973;

 

b) Dispense with the personal attendance of accused No. 1, Ranjit Singh, and accused No. 2, Harjeet Kaur, in the instant complaint case, having regard to their medical difficulties, the considerable distance from Sambalpur, Odisha, to Kolkata, and the other grounds stated herein;

 

c) Permit the accused persons to appear and be represented through their learned advocate, Shri Pritam Das, on all dates of hearing, unless their personal attendance is specifically directed by this Learned Court;

 

d) Pass such further or other order or orders as Your Honour may deem fit and proper in the interest of justice.

 

AND FOR THIS ACT OF KINDNESS, THE ACCUSED PERSONS, AS IN DUTY BOUND, SHALL EVER PRAY.

 

 

 

 

 

 

 

 

 

 

 

 

 

VERIFICATION

 

We, (i) Ranjit Singh, son of ____________________, and (ii) Harjeet Kaur, wife/daughter of ____________________, both residing at Kolkata Bajar Road, Nayapara, Sambalpur Sadar, P.O. Sambalpur, District Sambalpur, Odisha – 768001, the accused/petitioners herein, do hereby verify that the statements made in paragraphs 1 to 25 of the foregoing application are true and correct to our knowledge and belief, based on the facts known to us, and that we have not suppressed any material fact.

 

Verified at ____________________ on this ______ day of October, 2026.

 

 

 

 

Signature of Accused No. 1

Ranjit Singh

 

 

 

Signature of Accused No. 2

Harjeet Kaur