20 Ranajit (AR.CT) 28.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 24893 OF 2026 Mozibullah Khan & Ors. -vs- The State of West Bengal & Ors. Mr. Bikash Ranjan Bhattacharyya, Mr. Debajyoti Basu, Mr. Aditya Chakrabarty, Mr. Dibyendu Ghosh, Mr. Triptimoy Talukder ….for the petitioners. Mr. Abhrotosh Majumdar, Mr. Srijib Chakraborty, Mr. Dipanjan Dutta, Mr. Shahzeb Farooqui, Mr. Washim Aktuit Dafader ….for the respondent no.12. Mr. D. N. Ray, Ms. Susmita Saha, Mr. Guddu Singh ….for the State. 1. By presenting this writ petition bus operators of particular route have approached this Court alleging overt action of concerned police authorities and prayer is made for directing police authorities to take steps which would permit petitioners to park their vehicles at the designated place and steps may not be taken by police authorities which will prevent petitioners from parking their vehicles at the place in question. 2. During course of hearing, Mr. Bhattacharyya, learned senior advocate representing petitioners and Mr. Majumdar, learned senior advocate representing respondent no.12 have drawn attention of this Court to orders passed by the learned District Judge, South 24 Parganas on Misc. Appeal No.56 of 2022. In addition thereto, attention of this Court has been drawn to orders dated 11th December, 2025 and 18th December, 2025 passed on another writ petition being WPA 22473 of 2025 filed by present petitioners. 3. Mr. Ray, learned Government Pleader representing State respondents has drawn attention of this Court to the averments in paragraph 8 and paragraph 13 of said writ petition being WPA 22473 of 2025 and it is contended that on similar issue said writ petition was filed whereupon orders were passed by the coordinate Bench on 11th December, 2025 and 18th December, 2025 with regard to possession of said land in question. 4. It is further contended on behalf of respondent no.12 and State respondents that present writ petition is not maintainable due to pendency of previous writ petition being WPA 22473 of 2025. 5. Effort has been made on behalf of petitioners to satisfy this Court that present writ petition has been instituted on a separate cause of action; on perusal of case made out in this writ petition and prayers couched in WPA 22473 of 2025, it transpires that bus operators being petitioners herein are praying for direction upon concerned police authorities to take steps which would facilitate them to use land in question for parking their vehicles and such concern was also expressed in previous writ petition praying 2 for direction which would allow petitioners to have access to land in question for parking their vehicles. 6. Therefore, it appears that present writ petition touches upon similar issue which was agitated in previous writ petition being WPA 22473 of 2025 with regard to access to land in question for parking vehicles. This Court is not required to enter into the issue with regard to possession of land in question which is to be decided by the civil court in connection with Title Suit No.296 of 2022 instituted by respondent no.12. It needs to be recorded herein that a Misc. Appeal No.56 of 2022 is pending before the learned Additional District & Sessions Judge, 5th Court, Alipore, South 24 Parganas. 7. Be that as it may, in view of pendency of writ petition being WPA 22473 of 2025 which was filed thereby seeking similar reliefs, present writ petition is not maintainable and same stands dismissed. 8. However, this order shall not preclude petitioners to pursue their remedy in connection with previous writ petition. 9. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 3