Mira Das v. The State Of West Bengal And ORS.

11.11.2025 Sl No.22 Ct. No.15 S.A.

WPA 15160 of 2025 Mira Das -vsThe State of West Bengal & Ors.

Mr. Debabrata Acharyya Mr. Sital Samanta ... for the petitioner Learned counsel appearing for the petitioner submits that in an earlier round of litigation, being WPA 2223 of 2024 (Mira Das -vs.- The State of West Bengal & Ors.), a Co-ordinate Bench of this Court by an order dated July 8, 2024, directed the concerned Pradhan of the Gram Panchayat to take steps in terms of Section 23(5) of the West Bengal Panchayat Act, 1973, if any unauthorized construction was found to have been made at the instance of respondent no. 9. It is further submitted that, pursuant to the said order, the Pradhan afforded a hearing to all concerned, including the petitioner; however, the decision of the Pradhan has not yet been communicated.

By filing the present writ petition, the petitioner seeks implementation of the order dated July 8, 2024, passed in WPA 2223 of 2024.

There is no doubt that a second writ petition may, in principle, be maintainable for the purpose of enforcing an order passed in an earlier writ petition.

However, it does not necessarily follow that, in every such case, the Writ Court should assume the role of an Executing Court for enforcing the orders passed by another Writ Court.

The petitioner is, therefore, granted liberty to approach the learned Single Judge who passed the order dated July 8, 2024, by filing an appropriate application seeking necessary orders in that regard. Accordingly, this writ petition is not entertained. Consequently, WPA 15160 of 2025 stands dismissed.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)