Calcutta High Court
MAT/1741/2026 of MOZIBULLAH KHAN AND OTHERS Vs STATE OF WEST BENGAL AND ORS. on 5 October 2026
Item No.12 Ct. No. 1 RP IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE MAT/1741/2026 with IA No.CAN 1 of 2026 MOZIBULLAH KHAN & ORS. ]… Appellants VS THE STATE OF WEST BENGAL & ORS. ]… Respondents Appearance : Mr. Debajyoti Basu, Sr.
ORDER SHEET
WBCHCA0530262026
Item No.12
Ct. No. 1
RP
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
MAT/1741/2026
with
IA No.CAN 1 of 2026
MOZIBULLAH KHAN & ORS.
]… Appellants
VS
THE STATE OF WEST BENGAL & ORS.
]… Respondents
Appearance :
Mr. Debajyoti Basu, Sr. Adv.
Mr. Aditya Chakrabarty
Mr. Dibyendu Ghosh
Mr. Triptimoy Talukder
]… Advocate for Appellants
Mr. D.N. Ray, Ld. GP
Ms. Sushmita Saha Dutta, Ld. AGP
]… Advocate for State
Mr. Abhrotosh Majumdar, Sr. Adv.
Mr. Srijib Chakraborty
Mr. Dipanjan Dutta
Mr. Shahzeb Farooqui
]… Advocate for Respondent no.12
CORAM: RAVINDRA VITHALRAO GHUGE,
CHIEF JUSTICE
&
OM NARAYAN RAI J.
Date :05.10.2026
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Order
(Per Court)
1. We have heard the Learned Advocate for Appellants for quite some time and perused the voluminous Appeal Paper Book. We find that the
Learned Single Judge has rightly appreciated that a Writ Petition no. 22473 of 2025, filed earlier by the same Petitioners in the same cause, is still pending with the Learned Single Judge. In the same cause, a fresh Petition is filed.
2. Learned Advocate for Appellants submits on instructions, that because there was an ad interim order subsisting in the earlier Petition, which has now been violated by the Statutory Authorities, the Petitioners/Appellants intend to initiate Contempt of Court proceedings or file an Application in the said WP. They desire to withdraw this Appeal.
3. In view of the above statement, this Appeal is disposed off as withdrawn, on instructions. Pending Civil Application would not survive and stands disposed off.
4. Since the Appellants desire to file a Contempt Proceeding and/or an Application in the earlier Petition, all contentions of all the parties are kept open. (OM NARAYAN RAI, J.) (RAVINDRA V. GHUGE) Chief Justice