Calcutta High Court
MAT/1161/2026 of SUNIL SING SARDAR AND ORS Vs THE STATE OF WEST BENGAL AND ORS on 5 October 2026
Item No.10 Ct. No. 1 RP IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE MAT/1161/2026 WITH IA No.CAN 1 OF 2026, CAN 2 of 2026, CAN 3 of 2026 SUNIL SING SARDAR & ORS. ]… Appellants VS THE STATE OF WEST BENGAL & ORS. ]… Respondents
ORDER SHEET
WBCHCA0334562026
Item No.10
Ct. No. 1
RP
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
MAT/1161/2026
WITH
IA No.CAN 1 OF 2026, CAN 2 of 2026, CAN 3 of 2026
SUNIL SING SARDAR & ORS.
]… Appellants
VS
THE STATE OF WEST BENGAL & ORS.
]… Respondents
Appearance :
Mr. Tanmay Basu
Mr. Sayan Banerjee
Mr. Manoj Adak
Mr. Rajib Sadhukhan
]… Advocate for Appellants
Mr. Suryaneel Das, Ld. AGP
Mr. Baidurya Ghosal
Ms. Suchitra Sinha Chatterjee
]… Advocate for Respondents
Mr. Sayon Chattopadhyay
]… Advocate for Respondent No.5
CORAM: RAVINDRA VITHALRAO GHUGE,
CHIEF JUSTICE
&
OM NARAYAN RAI J.
Date :05.10.2026
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Order
(Per Court)
1. Civil Applications, no. 1 of 2026 and no. 3 of 2026, seeking condonation of delay and Leave to file an Appeal, are allowed. The Appeal is taken up for hearing forthwith.
2. The Appellants have approached this Court, being aggrieved by a mining lease, which is granted to the Petitioner, who was before the Learned Single Judge, on 20th February, 2025. The Appellants before us are aggrieved by the grant of such mining lease.
3. The Petitioner before the Learned Single Judge i.e. the person in whose favour the mining lease was executed, had approached the Learned Single Judge in WPA 27153 of 2025 seeking police protection since the villagers were preventing him from commencing the mining work. The Learned Single Judge has only directed the police authorities to follow the due procedure laid down in law and to ensure that the original Petitioner is allowed to commence the mining operations.
4. In view of the above, this intra-Court appeal along with the Interim Application, cannot be entertained by this Court since the Appellants are not aggrieved by the direction of the Learned Single Judge, but by the grant of the mining lease.
5. In view of the above, this intra-Court Appeal along with CA no. 2 of 2026, are dismissed.
6. If the Appellants approach the competent authority assailing granting of mining lease, all contentions of all the parties are kept open. (OM NARAYAN RAI, J.) (RAVINDRA V. GHUGE) Chief Justice