Calcutta High Court (Appellete Side)
Rohisuddin Sekh vs The State Of West Bengal And Ors on 28 July, 2025
28.07.2025
Item No.45
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WPA(P)/226/2025
Rohisuddin Sekh
VS
THE STATE OF WEST BENGAL AND ORS.
Mr. Subrata Mukherjee,
...for the Petitioner
Mr. Tapan Kr. Mukherjee
...for the State
Heard Mr. Subrata Mukherjee Learned
Counsel appearing on behalf of the petitioners as
well as Mr. Tapan Kr. Mukherjee the Learned
Counsels are appearing on behalf of the State
Respondents and the Private Respondents.
The instant public interest litigation has been filed by the petitioner praying inter alia for the following relief(s):-
a) Leave to your petitioner to move this Writ Petition without service prior notice and/or copy thereof on any of the respondents in terms of the proviso enumerated under Rule 26 of the Rules of this Hon'ble Court relating to the Applications under the Article 226 of the Constitution of India.
b) A Writ or Writs in the Nature of Mandamus do issue, calling upon the 2 Respondent authorities their men, agents, servants and/or subordinates to consider the representations of the petitioner and take effective steps to enquire into the matter and submit a report before this Hon'ble Court.
c) A Writ or Writs in the Nature of Mandamus do issue, commanding the Respondent authorities, their men, agents servants and/or subordinates to forthwith stop the unauthorized transportation of illegally mined and/or excavated sand on Plot NO. 31 of Mouza
- Melandi J.L. No. 151 through your petitioner's village's murram kaccha road of Belgram, under Police Station-
Burwa District - Murshidabad carried on by the Private Respondent No. 10 namely Krishana Agarwal;
d) A Writ and/or Writs in the Nature of Mandamus do issue, calling upon the Respondent authorities to submits a report before this Hon'ble court on the details of Plot No. 31 of Mouza - Melandi J.L. No. 151 under Police Station - Burwa, District - Murshidabad on which the Private Respondent No. 10 namely 3 Krishna Agarwal has illegally encroached and doing this unauthorized transportation of illegally mined and/or excavated sand business through your petitioner's village's murram kaccha road of Belgram, under Police Station - Burwa, District - Murshidabad;
e) A Writ and/or Writs in the nature of Mandamus, commanding the concerned Respondent authorities to forthwith seize the unauthorized transportation of illegally mined and/or excavated sand and also to provide protection to the petitioner from the Private Respondent No. 10 namely Krishna Agarwal.
f) A Writ in the nature of Mandamus do issue, commanding the Respondent No. 7 i.e. the Block Development Officer of Burwa and the Respondent No. 8 i.e. the Block Land & Land Reforms Officer of Burwa to take cogent and appropriate actions against the Private Respondent No. 10, namely, Krishna Agarwal provisions of Section 4 (1) of the Mines & Minerals (Development & Regulation) [MM(D&R)] Act, 1957 and in accordance with the West Bengal Mineral 4 (Prevention of Illegal Mining, Transportation & Storage) Rules, 2002 as amended subsequently as amended subsequently;
g) A Writ in the nature of Certiorari do issue commanding the Respondent Authorities transmit all records pertaining to the instant case before this Hon'ble Court so that conscionable justice may be administered;
h) A Rule NISI in terms of the prayers above and to make such Rule absolute, if no insufficient cause is shown; cause or
i) Ad interim order and orders in terms of prayers above; or
j) Costs incidental to this application may be directed to be paid by the Respondent herein;
k) Such further and/or other orders may be passed as this Hon'ble Court may deem fit and proper.
The main grievance of the petitioner is the continuous unauthorized illegal sand mining and/or illegally mined and/or excavated sand business which are being carried out in and around the village- Belgram namely by one Krishna Agarwal, being the respondent No. 10 5 herein at plot No. 31 of Mouza - Belandi, J.L. No. 151 under Police Station - Burwa, district - Murshidabad in the river bed of the Mayurakkhi.
The petitioner further submits that the unauthorized transportation of illegally mined and /or excavated sand business operation not only endangers the lives of the residents of the village in question but also deteriorates the structural and the environmental condition of the only murram kacchha road of Belgram gradually making it unsafe for walking and inaccessible to use foot or cycle. The petitioner made representations to the concerned respondent authorities against such illegal mining and excavation of the sand delved into by the private respondents without prior permission of the authorities concerned. Further a representation was made i.e. on 28th May 2025 but till date no action has been taken up by the authorities concerned.
Considering the aforesaid the respondent No. 4 is directed to consider the representation dated 28th May 2025 by affording opportunities to the interested parties and shall take effective steps in accordance with law, preferably within a period of six weeks from date. It is made clear that in the event if any illegality is found then the 6 respondent No. 4 shall initiate all consequential steps to stop the illegalities as complained of. The respondent No. 4 shall cause an enquiry and take steps forthwith.
This PIL is disposed of without expressing any opinion on the merits of the case.
(SUJOY PAUL, J) (SMITA DAS DE, J.)