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Calcutta High CourtWPA/23594/2024disposed

Dilip Kumar Mandal v. State Of West Bengal And ORS.

2025-09-12Hon'Ble Justice Partha Sarathi Sen3 pages

S/L 13 12.09.2025 Court. No. 19 Sourav WPA 23594 of 2024 Dilip Kumar Mandal Vs.

The State of West Bengal & Ors.

Mr. Khairul Alam ... for the petitioner.

Mr. Chandi Charan De, Ld. AGP Mr. Anirban Sarkar ... for the State.

Mr. Sanjay Saha Mr. Raju Mondal ... for the respondent no. 6.

1.

At the time of hearing, Mr. Alam, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to Page Nos. 19 and 20 of the instant writ petition, being a copy of the order dated 16.05.2016 as passed by the respondent no. 3/authority in Misc. Case No. 3 of 2016 pursuant to the order dated 19.08.2014 as passed by a co-ordinate Bench of this Court in WP 22306 (W) of 2013 (Dilip Kumar Mondal Vs. The State of West Bengal & Ors.). 2.

It is submitted by Mr. Alam that despite passing the said order dated 16.05.2016 directing the respondent no. 4/authority to issue provisional grant order, no such grant order was issued in favour of the writ petitioner. It is thus submitted by Mr. Alam that the respondent no. 4/authority may be directed by issuing appropriate writ to comply with the order dated 16.05.2016 forthwith. 3.

Such prayer is vehemently opposed by Mr. De, learned Additional Government Pleader appearing on behalf of

the State. It is submitted by Mr. De that with the instant writ petition no material has been placed before this Court that the writ petitioner has submitted environmental clearance with the respondent no. 4/authority.

4.

On careful consideration of the entire materials as placed before this Court, this Court while disposing the instant writ petition grants liberty to the present writ petitioner to submit environmental clearance with the respondent no.

4/authority in terms of the aforementioned order dated 16.05.2016 as passed by the respondent no. 3/authority, if not submitted by him in the meantime and upon such submission, the respondent no. 4/authority is directed to comply with the said order dated 16.05.2016 as passed by the respondent no. 3/authority positively with 60 working days from the date of communication of the server copy of this order.

5.

Liberty is given to the learned advocate on record for the writ petitioner to communicate the server copy of this order to the respondent no. 4/authority.

6.

The respondent no. 4/authority is hereby directed to act on the basis of the server copy of this order. 7.

The time limit as fixed by this Court is mandatory and peremptory.

8.

Before parting with, it is, however, made clear that since the affidavits have not been called for, the allegations as made in the instant writ petition are deemed to have been denied.

9.

With the aforementioned observations, the instant writ petition being WPA 23594 of 2024 is disposed of.

10. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Partha Sarathi Sen, J.)