14 Ranajit (AR.CT) 21.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 23670 OF 2026 Biswambar Prasad Chowdhury & Anr. -vs- The State of West Bengal & Ors. Mr. Aniket Mitra, Mr. Aslam Khan, Mr. Musharraf Alam Sk. Sk. Sarfaros Newaj ….for the petitioners. Mr. Swapnadwip Roy ….for the respondent nos.5 & 6. Mr. Baidurya Ghosal ….for the State. 1. Affidavit-of-service filed on behalf of petitioners is taken on record. 2. By presenting this writ petition petitioners have prayed for implementation of order dated 22nd July, 2026 passed in MP Case No. 3675/2026 in a proceeding under Section 163(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 3. Respondent nos.5 & 6 and State respondents are represented by learned advocates. 4. On perusal of order dated 22nd July, 2026, it appears that a case was made out against opposite parties alleging an attempt was made to dispossess petitioners of the suit plot and making illegal construction thereon. Vide said order dated 22nd July, 2026 concerned police authorities are directed to maintain peace in the area and to cause an enquiry and subsequent date was fixed for consideration on 21st August, 2026. 5. If petitioners find that they have right over plot of land in question which is being denied by private respondents, in that event petitioners need to approach civil court. 6. However, concerned Executive Magistrate vide order dated 22nd July, 2026 directed to maintain peace with the assistance of police authorities. Petitioners shall not be precluded from approaching concerned Executive Magistrate in M.P. Case No.3675/2026. 7. This Court is not an appropriate forum for execution of order passed by Executive Magistrate in a proceeding under Section 163(2) BNSS, 2023. 8. With aforesaid clarification, writ petition stands disposed of. 9. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2