08.10.2026 DL/122 Ct. No. 758 Mujahid, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 27552 of 2025 In the matter of : Swarup Saha & Ors. … Petitioners VS. State of West Bengal & Ors. … Respondents For the petitioners : Mr. Debabrata Barmon Mr. Dipendu Sarkar … Advocates For the State : Ms. Suchitra Sinha Chatterjee Ms. Sumita Sarkar … Advocate For the Respondent No.5 : Mr. Dhiman Kumar Sengupta Ms. Farhin Mustaque … Advocate 1. The present petition has been filed for a direction upon the police authorities to act in terms of a representation dated 6th November, 2025 filed by the petitioners wherein the petitioners have sought for implementation of a decree passed in Title Suit No. 178 of 1991 and Title Execution Case No. 64 of 1997 before the Court of learned District Judge, Nadia. 2. The State is represented. 3. Learned Advocate for the private respondent appears and submits that the writ petition is not maintainable. 4. On the query of the court, learned Advocate for the petitioners submits that the execution case was filed to execute the decree of eviction passed in the private respondent. However, the execution case was dismissed for default for some time in May, 2027. 5. This Court is of the view that no orders in the present writ petition can be passed for executing the said decree. The petitioners’ remedy is to pursue the Execution Case No. 64 of 1997 upon revival thereof. The petitioners shall be at liberty to take appropriate steps before the Court of learned District Judge, Nadia to have the execution case restored and the decree executed such that the fruits under the decree can be availed of by the writ petitioner. 6. WPA 27552 of 2025 is disposed of on the above observations. 7. There shall no order as to costs. 8. It is, however, made clear that this Court has not express any opinion on the merits of the case of the petitioner. 9. All parties shall act on the basis of server copy of this order duly downloaded from the official website of this Court. 10. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities. ( Anuj Singh, J. )