Sukumar Paul v. The State Of West Bengal And ORS.

11.11.2025 Sl No.31 Ct. No.15 S.A.

WPA 15278 of 2025 Sukumar Paul -vsThe State of West Bengal & Ors.

Mr. Subhrajyoti Ghosh Mr. Shefa Mondal ... for the petitioner Mr. Arup Kumar Mondal ...for the State Learned advocate appearing for the petitioner submits that in an earlier round of litigation, being WPA 8315 of 2023 (Sukumar Paul -vs.- The State of West Bengal & Ors.), the Court had 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 behest of respondent nos. 5 and 6.

It is further submitted that the said Pradhan has failed to take any steps to comply with the aforesaid order.

By filing the present writ petition, the petitioner seeks implementation of the order dated April 20, 2023, passed in WPA 8315 of 2023.

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 April 20, 2023, by filing an appropriate application seeking necessary orders in that regard. Accordingly, this writ petition is not entertained. Consequently, WPA 15278 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.)