Nilkamal Bhunia v. The State Of West Bengal And ORS.

13.11.2025.

Ct.No.24.

as WPA 30763 of 2024 Nilkamal Bhunia Vs.

The State of West Bengal & Ors.

Mr. Saibal Kr. Acharyya, Mr. Gourab Ghosh, Ms. Renesa Dey.

...for the Petitioner.

Mr. Lalit Mohan Mahata, Ld. A. G. P., Mrs. Reshma Chatterjee.

...for the State.

Mr. Sanjay Saha.

...for the Respondent No.2.

Mr. Krishan Ray, Mr. Anindya Chowdhury, Mr. Sekhar Mukherjee, Ms. Isita Kundu.

...for the Respondent NOs.9, 10 & 11.

1.

Affidavit of service as filed, be kept on record. 2.

The writ petitioner alleges that the private respondents continuously storing huge quantities of sand in a plot which is adjacent to the writ petitioner's land.

3.

Several litigations have been instituted, some of which are pending, including the suit before the learned Civil Judge (Junior Division), 1st Court, Paschim Midnapore. In the present petition, the petitioner alleges that the private respondent has been storing huge quantities of sand beyond his premises, in respect whereof, a complaint had been

made, which has not been acted upon by the police authorities. Hence, the petitioner is aggrieved. 4.

Counsel appearing for the private respondent states that the petitioner has been forum shopping for a while. Several litigations have been initiated, none of which have been entertained by the concerned Courts.

5.

Counsel appearing for the State submits that the police authorities, the respondent no.8 herein has already started investigation in the matter and hands up a copy of the instruction given to the learned Government Pleader by the respondent No.8. Let a copy of such instruction be kept on record.

6. As it appears, that the investigation is underway on a limited conspectus. It appears and it is not denied by the private respondent that sand is indeed being stored, however, within the premises owned by the private respondent.

7.

In the aforestated circumstances, I direct the respondent No.8 to investigate whether the private respondent has valid and requisite permits from the concerned authorities to store, sale or carry out other allied activities upon due authorization by the State Government.

8. With the aforestated direction, the writ petition is disposed of.

9. There shall be no order as to costs.

10. Since affidavits have not been called for, allegations contained in the petition are deemed to have been denied.

11. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)