Hooghly F.L. (Off) Shop And ANR. v. The State Of West Bengal And ORS.

29.04.2025 WPA 7911 of 2025 Sl.No.

Court No. 35 Hooghly F.L. (OFF) Shop & Anr.

-VsThe State of West Bengal & Ors.

G.S.Das Ms. Lipika Das Mr. H. Z. Molla Mr. Sourav Singh ... for the Petitioner(s) Mr. Swapan Banerjee, ld. AGP Mr. Soumen Chatterjee ... for the State-respondent(s) Mr. Tapas Kumar Ghosh Mr. Tanmay Chowdhury ... for the Hooghly Chinsurah Municipality Affidavit-of-service so filed be kept with the record.

The petitioners are aggrieved by the fact that an iron made hoarding advertisement board has been installed in front of their shop. To that effect, they informed the police authorities but the police authorities till date did not take any action.

The petitioners approached the learned Executive Magistrate and in spite of the direction of the Executive Magistrate, the police authorities did not

also respond to the same.

This Court under Article 226 of the Constitution of India will not exercise its authority for executing the order of an Executive Magistrate.

If, the Executive Magistrate passes any order and/or direction, it would be the duty of the Executive Magistrate to ensure that his/her order/direction is implemented.

So far as the police report is concerned, it reflects that such board was installed after obtaining permission from the Chairman of Hooghly Chinsurah Municipality.

Whether the order of the Chairman of Hooghly Chinsurah Municipality is in accordance with law or illegal, the same is not the subject-matter of the police to decide.

Accordingly, I am of the view that there is no occasion for which interference of this Court is called for.

With the aforesaid observations, WPA 7911 of 2025 is dismissed.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)