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Calcutta High CourtWPA/291/2026disposed

Kushal Polysacks Pvt. Ltd And ANR. v. State Of West Bengal And ORS.

2026-01-16Hon'Ble Justice Suvra Ghosh3 pages

16.01.2026 rc/ct.no.05 Item No.07 WPA No. 291 of 2026 Kushal Polysacks Pvt. Ltd. & Anr.

Versus

The State of West Bengal & Ors.

Mr. Sudipta Moitra Mr. Soumopriya Chowdhury Mr. Nilay Sengupta Mr. Sourav Mondal Mr. Sujit Banerjee Mr. Mudit Gupta ..for the Petitioner Mrs. Chandrani Mukherjee ....for the State Affidavit of service filed by the petitioners and report submitted by the State are taken on record. Learned counsel for the petitioners submits that the 2nd petitioner is a contractor and is involved in several Government contracts in and around the State. The petitioners submit that they stored some pipes and floaters which are essential implements of dredging, in the land of one Dinesh Nayek on his consent. When the petitioners sought to remove the same from the land, they were obstructed by the private respondent and his associates who are not connected with the material or the work in any manner whatsoever. The petitioners sought police assistance for removal of the said material in order to continue their work, but in vein. It appears from the report submitted by the State that when the petitioners attempted to remove their

pipes and machinery from the site without completion of the dredging work, a group of local people obstructed them from doing so and demanded that unless the dredging was completed the material would not be allowed to be removed.

It is not in dispute that the material belongs to the petitioners and the private respondent has no right over the same.

The mere fact that dredging was not allegedly completed by the petitioners cannot be a ground for withholding their machinery.

In view of the above, the Officer in Charge, Mandarmani Coastal Police Station, being the 4th respondent herein, is directed to render necessary assistance to the petitioners in order to enable them to remove the material from the land in question within seven days from date. The entire exercise shall be conducted under the supervision of the Superintendent of Police, Purba Medinipur, being the 3rd respondent herein.

With the above instructions, the writ petition is disposed of.

There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)