Calcutta High Court
WPA(P)/443/2026 of SOHARAB ALI Vs STATE OF WEST BENGAL AND ORS. on 16 September 2026
Item No.2 RP IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA(P)/443/2026 SOHARAB ALI Versus THE STATE OF WEST BENGAL AND ORS. Appearance: Mr. Subhadeep Chatterjee Ms. Arpita Kundu Mr. Nilabha Roy Mr. Bithin Mandal ...Advocate for the Writ
ORDER SHEET
WBCHCA0453312026
Item No.2
RP
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA(P)/443/2026
SOHARAB ALI
Versus
THE STATE OF WEST BENGAL AND ORS.
Appearance:
Mr. Subhadeep Chatterjee
Ms. Arpita Kundu
Mr. Nilabha Roy
Mr. Bithin Mandal
...Advocate for the Writ Petitioner
Ms. Susmita Saha Dutta, Ld. AGP
Mr. Guddu Singh
...Advocate for State
Mr. Md. Hafiz Ali
...Advocate for Respondent No.11 to 13
CORAM: RAVINDRA VITHALRAO GHUGE,
CHIEF JUSTICE
&
ARIJIT BANERJEE, J
Date: 16.09.2026
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Order
(Per Court)
:
1. We have heard the learned Advocates for the respective sides and the learned Advocate for the State, with regard to illegal dumping of soil for filling up of waterbodies (Nayanajali & Pukur), unauthorized construction and ecological damage in Mouza-Haribati.
2. The Learned Advocate for the State submits that the Petitioner’s representation dated 09.08.2026 is pending before the BL & LRO, Burwan Block, Murshidabad. The said representation can be considered by following the due procedure laid down in law and by taking into account the respective stands of all the stakeholders, a reasoned order can be passed within such time which this Court may grant.
3. The representation is dated 09.08.2026. This Petition is filed on 31.08.2026, within 20 days of the filing of the representation. We are not inclined to entertain such Petition, when we do not find that the Statutory Authorities have caused any delay in discharging their functions. A Writ of Mandamus in such circumstances cannot be issued.
4. We, however, record the fair statement made by the State Counsel that the BL & LRO would follow the due procedure laid down in law by granting an opportunity of hearing to all the stakeholders. We direct that a reasoned order be passed within 30 days from the date of communication of the order to the BL & LRO. All the stakeholders are expected to render cooperation to the said Officer and avoid seeking adjournment on unreasonable and trivial grounds.
5. In view of the above, the Writ Petition is disposed of.
6. Parties are at liberty to act upon a print copy of this order, obtained from the official website of the High Court at Calcutta. (ARIJIT BANERJEE, J.) (RAVINDRA V. GHUGE) Chief Justice