MAT/67/2026 of SASTI GHOSH AND ORS Vs STATE OF WEST BENGAL AND ORS on 29 July 2026

1. Mr. Mazumdar, learned senior advocate for the appellants, submits that nothing remains to be decided in the appeal as the appellants have already approached the learned trial judge by filing an application under Section 151 of the Code of Civil Procedure.

2

2. Learned advocate for the respondent no.9 submits that the writ petition itself was not maintainable.

3. Learned advocate for the respondent nos. 5 and 6, submits that the fact that the appellants have approached the learned trial judge was not mentioned before the learned writ court.

4. Be that as it may, we are of the view that the appellants’ remedy is before the learned civil court.

5. Accordingly, the appeal is disposed of. The learned civil court is requested to expedite the hearing of the suit and connected applications.

6. Accordingly, the appeal and the connected application are disposed of, upon upholding the order impugned.

7. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)

(Smita Das De, J.)