MD. ASIF KHAN v. THE STATE OF WEST BENGAL AND ORS.
MAT/2007/2025 · 2026-02-09
Ajay Kumar Gupta, Rajasekhar Mantha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10675 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10675 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
09.02.2026 Court No.13 Item No.16 AP MAT 2007 of 2025 With CAN 1 of 2025
Md. Asif Khan Vs. The State of West Bengal and Ors.
Mr. Shiv Chandra Prasad Mr. Nikhil Kumar Gupta Mr. Subhadeep Maitra …. For the Appellant.
Ms. Sipra Mazumdar Ms. Srilekha Bhattacharyya …. For the State.
Mr. Sondipan Banerjee Mr. Ankit Surekha …. For the Howrah Municipal Corporation.
Mr. Golam Mastafa Mr. T.S. Samanta …. For the Respondent Nos.9 & 10.
1. The appeal is directed against an order dated 6th November, 2025 passed by a Single Bench of this Court. The writ petitioner/appellant was seeking mandamus to restrain the private respondents from interfering with the possession of the appellant’s property and entering into the same.
2. The grievance of the writ petitioner/appellant can only be entertained in a Civil Suit or a proceeding under the Civil Procedure Code. The writ petition is ex facie not maintainable. The Single Bench has, therefore, rightly dismissed the writ petition. The impugned order calls for no interference.
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3. Accordingly, MAT 2007 of 2025 is dismissed. Consequently, pending application being CAN 1 of 2025 is also dismissed.
4. There shall be no order as to costs.
5. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)
(Ajay Kumar Gupta, J.)