Ml- 1286 Ranajit (AR.CT) 21.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 8156 OF 2026 Soumyen Sarkar -vs- The State of West Bengal & Ors. Mr. Liladri Sekhar Ghosh, Ms. Laboni Sikder, Mr. Souvik Dey ….for the petitioner. Mr. Rivu Dutta, Mr. Aritra Shankar Ray ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition, inter alia, petitioner has prayed for implementation of order dated 10th September, 2020 passed by Sub-Divisional Magistrate, Arambagh Sub-Division. It is submitted that vide order dated 10th September, 2020 opposite party was directed to remove obstruction creating public nuisance within fortnight. 3. State respondents are represented by learned advocates. 4. Object of Section 133 Cr.PC is to remove nuisance. However, from submission made on behalf of petitioner, it appears that for implementing order dated 10th September, 2020 respondent authorities herein are required to remove hotel which by dint of order passed by learned Executive Magistrate is found to be impermissible in view of scope of Section 133 Cr.PC. 5. If petitioner finds that hotel is constructed unauthorizedly impacting ingress and egress of petitioner, in that event petitioner needs to approach appropriate forum in pursuit of remedy. 6. Moreover, writ Court is not an appropriate forum for implementation of order passed by learned Executive Magistrate in a proceeding under Section 133 Cr.PC. 7. It also transpires from the materials available that order was passed by learned Executive Magistrate on 10th September, 2020 whereas writ petition was filed on 1st April, 2026 precisely after six years and there is no plausible explanation of delay. 8. Hence, present writ petition is not entertained and same stands dismissed. 9. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2