Calcutta High Court (Appellete Side)
Anr vs State Of West Bengal And Others on 22 September, 2025
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
D/L.01.
September 22, 2025.
KAUSHIK
WPA No. 20122 of 2025
Shamit Management Private Limited &
Anr.
Vs.
State of West Bengal and Others
Mr. Dwip Raj Basu
Ms. Mohini Majumdar
Mr. Roshan Pathak
Ms. Ayelita Ghosh
Mr. Viraj Gupta
Mr. Adrish Chatterjee
... for the petitioners.
Mr. Debasish Ghosh
Ms. Munmun Ganguly
... for the N. K. D. A.
Mr. Soumabho Ghosh
Mr. Sandip Dasgupta
Mr. Saaqib Siddiqui
Mr. Dyutimoy Paul
... for the respondent no. 4.
Mr. Supratim Bhattacharya Mr. Santimoy Bhattacharya ... for the State.
By an order dated 15th September, 2025, this Court had after hearing all the parties passed an order directing the petitioners to deposit a sum of Rs.35,38,04,000/- in terms of the letter dated 12th August, 2025 by 16th August, 2025. It was also directed that upon encashment of the above amount, the respondents and more particularly the respondent no. 4 would issue all necessary certificates and renewals inter-alia in respect of the concerned plots pertaining to change of user 2 and conversion within 48 hours of the above encashment.
Thereafter, by an order dated 16th September, 2025, the order dated 15th September, 2025 stood clarified in the presence of all the parties.
Subsequently, the matter was mentioned on 19th September, 2025 wherein the petitioner had made caustic allegations insofar as the conduct of the respondent no. 4 and more particularly the fact that despite receipt of a demand draft, the respondents are procrastinating matters with the object of harassing the petitioners.
It is submitted on behalf of the respondent no. 4 that pursuant to a letter dated 14th August, 2025, the respondent no. 4 had intimated to the petitioners the fact that any question of post facto requisition of change of allottee and change of user would be subject to clearance by the State Cabinet. It is also submitted that the necessary approval has been sought for by HIDCO from the State Cabinet for clearance.
The State is represented and submits that they would take instructions and are oblivious as to what is happening in this matter.
NKDA is represented and submits that their actions depend on HIDCO.
3
The fact of the matter remains that orders of Court are sought to be violated. The question of an order of Court being subjected to any approval from the Cabinet or by any officer of the State is preposterous. Prima facie, it appears that the three arms of the State i.e. State of West Bengal, NKDA and HIDCO, are acting in concert simply to subvert orders of Court.
In view of the above, the General Manager (Law) of the respondent no.4 i.e. HIDCO is directed to be present in Court. Let a copy of this order be also served on the Chairman of HIDCO, who is personally apprised of the conduct of HIDCO in this matter.
It is a matter of regret that there is complete indifference shown by the different arms of the State of West Bengal to the larger issue of investment being brought into the State by way of opening of a multi-specialty hospital and an ancillary medical college.
The petitioner is also directed to serve a copy of this order on the Advocate General, State of West Bengal who is requested to be present on the returnable date.
Let this matter appear on 23rd September, 2025 at 2 p.m. (Ravi Krishan Kapur, J.)