Extracted from the PDF above. The PDF is authoritative.
10.
10. 30.09.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 23380 OF 2026 ARINDAM DAS VS.
STATE OF WEST BENGAL AND OTHERS …………… Mr. Ranjan Kali, Adv. Mr. Pabitra Das, Adv. Ms. Payel Nath, Adv. … For Petitioner Mr. Rahit Banerjee, Adv. … For State Mr. Aman Gupta, Adv. … For Respondent No.4
1. By presenting this writ petition prayer is made for implementation of order dated 22nd June, 2026 passed by the learned Executive Magistrate in a proceeding under Section 152 of Bharatiya Nagarik Suraksha Sanhita, 2023.
2. On perusal of order dated 22nd June, 2026 passed by the learned Executive Magistrate, it appears that petitioner’s access to a place where supply of water is available, was allowed. But fact remains the place where access of petitioner was allowed is not a public place, it is a private property and concerning such issue Title Suit No.171/2025 is instituted by respondent no.4, is pending before the learned Civil Judge (Junior Division), Bidhannagar.
3. Order passed by the learned Executive Magistrate on 22nd June, 2026 need not be dilated further in view of provisions contained under Section 152 of BNSS, 2023. Furthermore High Court while exercising writ jurisdiction under Article 226 of the Constitution of India is not an executing court relating to order passed
[2] by learned Executive Magistrate in a proceeding under Section 152 of BNSS, 2023.
4. Hence, present writ petition is not entertained and same stands dismissed.
5. However, this order shall not preclude petitioner to approach the learned Executive Magistrate in pursuit of remedy, if aforesaid proceeding subsists.
6. Parties to act on the server copy of this order duly downloaded from the official website of this court.
(SAUGATA BHATTACHARYYA, J.)