🚨 Alleged Police Inaction and Property Grabbing: A Case from Howrah, West Bengal

A court order overlooked in Hawrah left Musharaf Mulla’s house grabbed, despite the police assistance fees being paid. This alarming situation raises significant questions about the enforcement of legal orders. Read the grievance and explore the possible legal recourse available.

Grievance Registration Number: GOVWB/E/2024/0001127
Date of Receipt: 06/10/2024
Concerned Ministry/Department: West Bengal
We formally registered this grievance to ensure that we address the concerns of the citizens in a timely and efficient manner. Moreover, we prioritize careful evaluation and appropriate responses to each issue raised. The West Bengal Ministry/Department commits to upholding the rights of individuals and providing the necessary assistance. Consequently, we will thoroughly investigate each grievance, ensuring transparency and accountability in the process. Furthermore, we will provide citizens with timely updates regarding the status of their concerns, as resolving them satisfactorily is our utmost priority. Ultimately, feedback and communication from the public play a crucial role in enhancing governance and service delivery.

🏠 The Core Issue: A Court Order Overlooked, Leading to House Trespass

This is a case of a court order overlooked in Hawrah, and it has left one family’s home in the hands of trespassers. Mr. Musharaf Mulla filed the grievance behind it. In it, he accuses police personnel at Panchla Police Station in Howrah, West Bengal, of inaction and a lack of alertness.

Specifically, Mulla lives outside the state for work; currently, he resides in Mumbai. Meanwhile, he says trespassers have grabbed his house because the police overlooked their duty. As a result, he now directly asks whether this points to a broader failure of law and order in the state.

📜 Judicial Mandate and Police Assistance Background: How the Court Order Was Overlooked in Hawrah

First, a key part of the complaint centers on the Panchla Police’s alleged failure to comply with a specific court order — even though Mulla, the Decree Holder, had already deposited the required charges for police assistance.

• Case Details: T. Ex. Case No. 10 of 2011.
• Order Date: Order no. 69, dated 18.12.2017.
• Key Court Direction: The court allowed the petition dated 05.08.2017. It explicitly directed the Officer-in-Charge (O/C) of Panchla to provide police assistance and to ensure proper execution of the writ for delivery of possession, at the specified date and time.
• Compliance: Mulla deposited the required cost for police assistance — ₹13,362 for 2 S.I., 2 A.S.I., 6 Constables, and 4 Lady Constables — through T.R. no. 7.

Even so, and despite this clear judicial order and the deposited fees, the O/C Panchla has still not updated the applicant on the status of the order’s execution — the very court order overlooked in Hawrah that triggered this grievance.

📌 Grievant’s Current Status and Demands After the Court Order Was Overlooked

To begin with, Mr. Musharaf Mulla, S/o Late Abdul Matleb Mulla, owns the property and currently lives in Dharavi, Mumbai. Initially, his representative, Shaikh Nazrul Islam, raised the complaint at the nearby police station — the same station that let the court order go overlooked in Hawrah — but officers allegedly overlooked it.

In addition, Mulla says he suffers from cardiovascular disease. Given this, he has raised three points that need immediate action and clarification:

1. Status of Order Execution: First, he wants an immediate update from the O/C Panchla and concerned police personnel on the status of the order in T. Ex. Case No. 10 of 2011.
2. Safeguarding Property Rights: Second, he is asking how the state government protects the property rights of citizens who live outside the state for work, especially when their property is at risk.
3. Mandatory Implication of Offenders: Finally, he wants police to charge the offenders under the relevant sections of the Bharatiya Nyaya Sanhita (BNS):
   • Section 329 BNS (Criminal Trespass/House-trespass)
   • Section 330 BNS (House-trespass/House-breaking)
   • Section 331 BNS (Punishment for House-trespass/House-breaking)
   • Section 332 BNS (House-trespass to commit an offence)
   • Section 333 BNS (House-trespass after preparation for hurt, assault, or wrongful restraint)

🏛️ Current Grievance Status and Forwarding Details on the Overlooked Order

To date, officials have received the grievance on 06/10/2024.

Category	Details
Current Status	Grievance received
Forwarded To	West Bengal
Officer Concerned	Shri Ajay Kumar Pal (Special Secretary)
Organization	West Bengal
Contact	jointsecretarypar@gmail.com, 03322143655

Additionally, Mulla has requested an inquiry under Article 51A of the Constitution of India regarding the officer in charge who let a court order go overlooked in Hawrah, and, furthermore, he has appealed for justice under the law.

Overall, this is a critical — and unfortunately common — scenario in property disputes, especially when the owner isn’t physically present. Indeed, when trespassers re-enter after a court-ordered eviction and police action, it points directly to a serious gap in enforcement. Moreover, it also highlights how hard it is to secure a vacant property.

Below, then, is an explanation of how a court order can be overlooked in Hawrah like this, followed by the immediate steps Mr. Mulla should consider.

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🛑 How Re-Entry and Grabbing Happen When a Court Order Is Overlooked

Broadly speaking, several procedural and systemic gaps make re-trespass possible once a court order goes overlooked, as it was in Hawrah:

1. Lack of Permanent Security After Execution. First, when police complete an eviction — that is, execute a decree — their primary job is to enforce the court’s writ by removing illegal occupants. Typically, though, they don’t have to guard the property afterward. Consequently, once officials certify the eviction, the property reverts to the Decree Holder, who then takes on responsibility for its physical security.
2. Criminal Nature of Re-Entry. Next, the original eviction is a civil procedure — the execution of a decree. However, when the same evicted individuals re-enter, that act becomes a criminal offence: criminal trespass, or house trespass. Specifically, the problem is that police officers involved in the civil execution sometimes mistake the re-entry for a continuation of the civil dispute. As a result, they may hesitate to register a fresh FIR for the criminal act — which, in turn, causes the delays and inaction at the heart of Mr. Mulla’s grievance.
3. Distance of the Owner. Finally, because Mulla is a non-resident owner living in Mumbai, the offenders likely waited for the police team to leave and the property to sit unguarded. Then, they re-occupied it quickly, knowing that a fresh eviction would take significant time to arrange.

⚖️ Immediate Legal Recourse After a Court Order Overlooked in Hawrah

Since Mulla already holds a valid court order and has filed a grievance about police inaction, the next steps need to be forceful and legally precise.

1. Immediate New Police Action Against the Overlooked Order (Criminal Remedy)

To begin with, the current situation amounts to criminal trespass — or house trespass under the new Bharatiya Nyaya Sanhita (BNS).

• File a Fresh FIR: Therefore, Mulla’s representative, Shaikh Nazrul Islam, should immediately file a fresh First Information Report (FIR) at Panchla Police Station. Specifically, the FIR should clearly state that the offenders — previously evicted under T. Ex. Case No. 10 of 2011 — have re-entered and committed criminal trespass or house trespass, citing Sections 329, 330, and 331 BNS.
• Insist on Registration: However, if the O/C Panchla refuses to register the FIR, the representative should escalate. First, he should send a complaint to the Superintendent of Police (SP), Howrah (Rural), via registered post, since the SP supervises the O/C. Next, he should file a complaint before the Judicial Magistrate under Section 156(3) of the Criminal Procedure Code (CrPC), asking the court to direct police to register the FIR and investigate the trespass.

2. Move the Execution Court to Address the Overlooked Order (Civil/Contempt Remedy)

Meanwhile, the court that issued the execution order holds the most authority here.

• Contempt of Court: First, Mulla’s lawyer should file an application for contempt of court against the offenders for willfully disobeying the eviction order by re-entering. Indeed, courts treat this as a serious insult to their authority, and it can lead to imprisonment for the offenders.
• Re-Execution/Warrant of Re-possession: In addition, he should file an application requesting the court to re-issue the warrant for delivery of possession, with a stricter direction to police and a specific instruction for the Court Bailiff to secure and record physical possession — potentially with a provision to seal the property.
• Order for Police Protection: Finally, he should ask the court to direct police to provide temporary protection — for example, 15 to 30 days — after re-execution, so possession isn’t disturbed again. As before, Mulla would bear the cost.

3. Follow Up on the Grievance

At the same time, Mulla should actively follow up on the official grievance (GOVWB/E/2024/0001127):

• Contact the Concerned Officer: He should directly contact Shri Ajay Kumar Pal (Special Secretary), who received the grievance, using the provided phone number and email. In doing so, he should emphasize that the police’s failure to prevent re-entry is the core issue behind the fresh criminal act.
• Reference the Court Order: Likewise, he should stress that police are failing to honor the judicial order, and that the act of re-trespass should be handled under the relevant BNS sections.

In short, the most effective immediate step is for his representative to file a fresh criminal complaint or FIR, while simultaneously moving the Execution Court for contempt and a re-warrant for possession — with a request for police protection attached.

Overall, this grievance touches high-level state departments (Personnel & Administrative Reforms, and Home) as well as a local law enforcement office (Superintendent of Police, Howrah Rural). Accordingly, below are contact details for the most relevant public authorities in the West Bengal government, useful for following up on this property and police grievance.

🏛️ West Bengal Authorities Who Can Act on the Court Order Overlooked in Hawrah

1. Personnel & Administrative Reforms (P & AR) Department

Currently, this department handles the grievance (GOVWB/E/2024/0001127) over the overlooked court order in Hawrah; indeed, the officer named above belongs to this department.

Official/Office	Contact Details	Web Link
Grievance Nodal Officer (Shri Ajay Kumar Pal’s Office/Equivalent)	Email: jointsecretarypar.wbcs@gmail.com	—
P & AR Secretary (for highest escalation)	Email: secy.par-wb@nic.in	P & AR Key People
Contact Number (General, PAR)	Phone: (033) 2214-3655	—
Contact Address	P AR /PG Department, Writers Building, Block-IV, Kolkata	—

2. Home and Hill Affairs Department (Police Administration)

Notably, the Home Department oversees the police force, including the Superintendent of Police, and, therefore, handles law and order. (Court Order Overlooked in Hawrah)

Official/Office	Contact Details	Web Link
Home Secretary	Email (Official): sechome@wb.gov.in; Alternate: wb.secyhome@gmail.com	Home Department Website
Contact Number	Phone: (033) 2214-5656	Home Department Contacts
Address	Nabanna, 13th Floor, 325 Sarat Chatterjee Road, Shibpur, Howrah, Pin-711102	—

3. Howrah Rural District Police (Local Authority)

Since this office directly supervises Panchla Police Station, escalating to the SP is, therefore, a crucial step for addressing police inaction. (Court Order Overlooked in Hawrah)

Official/Office	Contact Details	Web Link
Superintendent of Police (SP), Howrah Rural	Email: dcrbrural@gmail.com	Howrah Rural Police Website
SP Office Phone	Phone: 9147888245	—
O/C Panchla Police Station (station in question)	Email: panchlapshrd@gmail.com	Panchla PS Details
O/C Panchla Contact	Phone: 9147888263	—

4. Public Grievance Portals (Online Submission)

Finally, use these links to officially track and register fresh or follow-up grievances.

Portal	Description	Web Link
West Bengal State Grievance Redressal System	The official portal where this grievance (GOVWB/E/2024/0001127) was likely filed	Search for “West Bengal Public Grievance Portal”
Chief Minister’s Office (CMO) Grievance Cell	For high-importance matters involving multiple departments or police failure	Email: wbcmro@gmail.com

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Next Step for Mr. Mulla: In summary, we recommend sending a formal email follow-up about the re-trespass and the court order overlooked in Hawrah since 2017. Specifically, send it to secy.par-wb@nic.in (P & AR Secretary) and sechome@wb.gov.in (Home Secretary), with a copy to the Superintendent of Police (Howrah Rural) and the original grievance officer, Shri Ajay Kumar Pal.