Chanda Enterprize Nd ANR v. State Of West Bengal And ORS.

16.03.2022.

Court No.13 Item No. 17 ap W.P.A. No. 19822 of 2021 (Through Video Conference) Chanda Enterprize & Anr.

Versus

The State of West Bengal & Ors.

Mr. Srijib Chakraborty, Mr. Subhankar Das, Ms. Sweta Bhatta.

...For the petitioners.

Mr. A. K. Guha, Mr. Naren Ghosh Dastidar.

...For the State.

The writ petitioners are aggrieved by the fact that the Officer-in-charge, Pandabeshwar Police Station has refused to permit the petitioner to carry out sand mining/lifting from their lease under Block - Jamuria.

The petitioners have at prayer (g) also prayed for liberty to continue carrying out sand mining operation in the aforesaid Block.

It appears from the records that by an order dated 30th June, 2021 the National Green Tribunal, Eastern Zone Bench, Kolkata in O.A. No. 80/2020/EZ has ordered that sand mining operation in Blocks Jamuria and Barabani shall remain stayed.

The petitioners, in essence, seek relief against this order of the National Green Tribunal dated 30th June, 2021.

Since the petitioners have efficacious alternative remedy before the Authorities under the National

Green Tribunal Act, 2010 the instant writ petition is not entertained with liberty reserved to the petitioners to approach such fora in accordance with law. It is made absolutely clear that this Court has not gone into the merits of the claims made by the petitioners in this writ petition.

With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)