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Calcutta High CourtWPA/7021/2025disposed

Jitendra Kumar Mishra v. State Of West Bengal And ORS.

2025-04-16Hon'Ble Justice Tirthankar Ghosh4 pages

16.04.2025 WPA 7021 of 2025 Sl.No.

Court No. 35 Jitendra Kumar Mishra -VsThe State of West Bengal & Ors.

G.S.Das Mr. Mir Anowar ... for the Petitioner(s) Mr. Swapan Banerjee, ld. AGP Mr. Soumen Chatterjee ... for the State-respondent(s) Mr. Sanjay Saha ... for the respondent no. 7 The petitioner is aggrieved by the fact that he is being disturbed as there has been police interference in respect of the area where he has been carrying out sand mining pursuant to the lease granted by the respondent no. 7.

Learned advocates for the petitioner, State and the respondent no.7 are present.

State has submitted a report which reflects that there has been certain deviation while carrying out the mining at the behest of the petitioner which was interfered with by the police authorities.

There has already been a demarcation made on 03.03.2025 wherein BL&LRO, Chhatna and Staff of WBMDTCL, Bankura jointly visited the sand mining ghat and demarcated the area of sand mining ghat of the petitioner in presence of local villagers residing at the bank of the Darakeswar river.

The petitioner, if he is carrying out the mining activities at the demarcated area, the police authorities would ensure that no disturbance is created in the area which has been demarcated jointly by the BL&LRO and the respondent no.7. No disturbance be also created by any private individuals while carrying out such activities. However, the same will not deter the police authorities from exercising their authority if the petitioner carries out any mining activities outside the demarcated area which has not been leased by the respondent no.7.

With the aforesaid observations, WPA 7021 of 2025 is disposed of.

Pending application(s), if any, is also disposed of.

Report so submitted be kept with the record. A Copy of the report without Annexure be handed over to the learned advocate for the petitioner.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)