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

Grievance Registration Number: GOVWB/E/2024/0001127

Date of Receipt: 06/10/2024

Concerned Ministry/Department: West Bengal

🏠 The Core Issue: House Trespass and Law Enforcement Failure

The central matter of this grievance, filed by Mr. Musharaf Mulla, concerns the alleged inaction and lack of alertness by the police personnel at Panchla Police Station in Howrah, West Bengal.

The applicant, who resides out of the state for his livelihood (currently in Mumbai), claims that his property has been grabbed and house trespass has occurred due to this reported police oversight. The complainant directly questions whether this situation represents a failure of law and order in the state.

📜 Judicial Mandate and Police Assistance Background

A crucial element of the complaint is the alleged failure of the Panchla Police to comply with a specific court order, despite the Decree Holder (Mr. Mulla) depositing 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, explicitly directing the Officer-in-Charge (O/C) of Panchla to:
  • Provide police assistance.
  • Ensure the proper execution of the writ for delivery of possession at the specified date and time.
• Compliance: The required cost for police assistance (amounting to ₹13,362/- for 2 S.I., 2 A.S.I., 6 Constables, and 4 Lady Constables) was reportedly deposited through T.R. no. 7.

The grievance highlights that despite this clear judicial order and deposited fees, the O/C Panchla has not yet updated the applicant on the status of the order’s execution.

📌 Grievant’s Current Status and Demands

Mr. Musharaf Mulla, S/o Late Abdul Matleb Mulla, the property owner, is presently a resident of Dharavi, Mumbai. The initial complaint was made by his representative, Shaikh Nazrul Islam, at the nearby police station, but was allegedly “overlooked.”

The applicant, who also mentions suffering from cardiovascular diseases, has raised three specific points requiring immediate action and clarification:

1. Status of Order Execution: A request for an immediate update from the O/C Panchla and concerned police personnel regarding the status of the order executed in T. Ex. Case No- 10 of 2011.
2. Safeguarding Property Rights: An inquiry into how the State Government safeguards the property rights of citizens who reside out of the state for their livelihood, especially when property is allegedly at risk.
3. Mandatory Implication of Offenders: A demand for the concerned police personnel to implicate the offenders under the relevant sections of the Bharatiya Nyaya Sanhita (BNS), specifically:
   • 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

The grievance has been officially received as of 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

The applicant has requested an enquiry under Article 51 A of the Constitution of India concerning the officer in charge and has appealed for justice according to the law.

This is an extremely critical and unfortunately common scenario in property disputes, especially when the property owner is not physically present. The re-entry of offenders after a court-ordered eviction and police action points directly to a serious failure in the enforcement mechanism and highlights the challenge of securing vacant property.

Here is an explanation of how this can happen and the immediate steps you should advise Mr. Mulla to take.

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🛑 How Re-Entry and Grabbing After Eviction is Possible

The re-trespass after a court order and police eviction is possible due to a few key procedural and systematic issues:

1. Lack of Permanent Security After ExecutionWhen an eviction (execution of a decree) is completed with police assistance, the police’s primary role is to enforce the court’s writ—i.e., remove the illegal occupants. They are generally not obligated to provide permanent security or a continuous guard over the property afterward. Once the eviction is certified, the property reverts to the Decree Holder (Mr. Mulla), who then assumes the responsibility for its physical security.
2. Criminal Nature of Re-EntryWhile the original eviction was a Civil Procedure (Execution of Decree), the subsequent re-entry by the same evicted individuals is a clear-cut Criminal Offence (Criminal Trespass/House Trespass).
   • The Problem: Police personnel involved in the Civil Execution may mistakenly treat the re-entry as a continuation of the civil dispute and may be reluctant to register a fresh FIR for the criminal act, leading to delays and inaction, which is the core of Mr. Mulla’s grievance.
3. Distance of the OwnerSince Mr. Mulla is a Non-Resident Owner residing in Mumbai, the offenders may have waited for the police team to leave and for the property to be left unguarded before immediately re-occupying it, knowing that the legal process for a fresh eviction takes significant time.

⚖️ Immediate Legal Recourse for Mr. Mulla

Given that Mr. Mulla has a valid court order and has already filed a grievance about the police inaction, the next steps must be forceful and legally precise.

1. Immediate New Police Action (Criminal Remedy)

The current situation is one of Criminal Trespass (or House Trespass under the new Bharatiya Nyaya Sanhita, BNS).

• File a Fresh FIR: Mr. Mulla’s representative (Shaikh Nazrul Islam) must immediately file a fresh First Information Report (FIR) at Panchla Police Station, clearly stating that the offenders, who were previously evicted by court order (mentioning T. Ex. Case No- 10 of 2011), have re-entered and committed criminal trespass/house trespass (citing Sections 329, 330, and 331 BNS, as mentioned in the original grievance).
• Insist on Registration: If the O/C Panchla refuses to register the FIR, the representative should:
  • Send the complaint to the Superintendent of Police (SP), Howrah (Rural) via registered post (as mentioned in the original grievance, the SP supervises the O/C).
  • File a complaint before the Judicial Magistrate under Section 156(3) of the Criminal Procedure Code (CrPC), requesting the court to direct the police to register the FIR and investigate the criminal trespass.

2. Move the Execution Court (Civil/Contempt Remedy)

The court that issued the execution order is the most powerful authority in this context.

• Contempt of Court: Mr. Mulla’s lawyer should file an Application for Contempt of Court against the offenders for willfully disobeying the court’s eviction order by re-entering. This is a severe action that treats the re-entry as an insult to the court itself and can lead to imprisonment for the offenders.
• Re-Execution/Warrant of Re-possession: File an application requesting the court to re-issue the warrant for delivery of possession with a stricter direction to the police and a specific instruction to the Court Bailiff to ensure physical possession is secured and recorded, potentially with a provision to seal the property.
• Order for Police Protection: Request the court to pass a specific order directing the police to provide temporary protection (e.g., for 15-30 days) after the re-execution to ensure possession is not disturbed again, with the cost to be borne by Mr. Mulla (as was done previously).

3. Follow-Up on the Grievance

The official grievance (GOVWB/E/2024/0001127) must be actively followed up on:

• Contact the Concerned Officer: Directly contact Shri Ajay Kumar Pal (Special Secretary), to whom the grievance was forwarded, via the provided contact number and email, emphasizing that the police’s failure to prevent the re-entry is the core issue that led to the fresh criminal act.
• Reference the Court Order: Stress that the police are failing to honor the judicial order and that the criminal act of re-trespass should be handled under the relevant BNS sections.

The most effective immediate step is to have his representative file a fresh criminal complaint/FIR and simultaneously move the Execution Court for Contempt and a Re-Warrant for Possession with a request for police protection.

This grievance involves high-level state departments (Personnel & Administrative Reforms and Home) and a local law enforcement office (Superintendent of Police, Howrah Rural).

Here are the contact details for the most relevant public authorities in the West Bengal Government to follow up on this property and police grievance.

🏛️ Concerned West Bengal Government Authorities

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

This is the department currently handling the grievance (GOVWB/E/2024/0001127). The specific officer mentioned is part of this department.

Official/Office	Contact Details	Web Link
Grievance Nodal Officer (Shri Ajay Kumar Pal’s Office/Equivalent)	Email: jointsecretarypar.wbcs@gmail.com	[suspicious link removed]
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

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2. Home and Hill Affairs Department (Police Administration)¹

The police force, including the Superintendent of Police, falls under the authority of the Home Department, which handles law and order.

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

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3. Howrah Rural District Police (Local Authority)

This is the immediate supervisory authority over the Panchla Police Station. Escalating the matter directly to the SP is a crucial step for police inaction.

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 (The station in question)	Email: panchlapshrd@gmail.com	Panchla PS Details
O/C Panchla Contact	Phone: 9147888263

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4. Public Grievance Portals (Online Submission)

For official tracking and registration of fresh or follow-up grievances, these links should be used.

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

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Next Step for Mr. Mulla: It is highly recommended to send a formal email follow-up regarding the re-trespass and the non-compliance with the 2017 court order 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’s email).