Molla Morsed Ali @ Molla Morshed v. the State of West Bengal and Ors.
Case brief
What is this about?
Maintainability of writ petition refused due to parallel pending civil suit before the jurisdictional Civil Judge (Junior Division) over the self-same property and construction; self-same prayer for permanent injunction against hindrance to further construction on the suit plot; disputed questions of facts requiring trial on evidence beyond writ-court machinery; impugned Single Bench order dated 13.03.2025 in WPA 4753 of 2025 upheld; appeal MAT 168 of 2026 with CAN 1 of 2026 and CAN 2 of 2026 dismissed on March 19, 2026; parties: Molla Morsed Ali @ Molla Morshed v. The State of West Bengal and others; advocates for appellant: Keshab Chandra Das, Biplab Adak, Aparajita Mondal.
What did the court decide?
Since on account of the self-same prayer the writ petitioner had already approached the common law forum, the writ petition is not maintainable; the learned Single Judge rightly noticed this.