Calcutta High Court (Appellete Side)
M/S. Awl Agri Business Limited ... vs The State Of West Bengal & Ors on 12 September, 2025
Author: Amrita Sinha
Bench: Amrita Sinha
In the High Court at Calcutta
12th Sept.,2025
Item no.D/L 06
Court No. 14
Constitutional Writ Jurisdiction
Pradip, A.R.(Ct.)
Appellate Side
Case No. WPA 15327 of 2025
In the matter of :
M/S. AWL Agri Business Limited (Formerly Adani
Wilmar Limited)
.... Petitioners
VS.
The State of West Bengal & Ors.
....Respondents
For the Petitioner:
Mr. Rahul Dhanuka Mr. Niraj Baheti Ms. Sreeja Chakraborty ....Advocates For the State:
Mr. Sirsanya Bandopadhyay Ms. Sumita Shaw Mr. Debopriyo Karan Mr. Soumen Chatterjee ....Advocates For the WBIDCL:
Mr. Tanoy Chakraborty Mr. S. Adak ....Advocates
1. Revocation of the West Bengal Incentive Scheme (Obligations in the Nature of Grants of Incentives) Act, 2025 is under challenge in the instant writ petition.
2. Specific case of the petitioner is that the Act has been framed in a manner to take away the valuable right which has accrued in their favour in accordance with law as per the earlier Scheme of the government.
3. The petitioner apprehends that the State may take steps to recover the benefits already granted to the petitioner.
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4. It has been submitted by the State that the State has the authority to legislate the Act to deny any benefit under the old Scheme.
5. Whether the State can recover the benefits/grants already granted in terms of a prevailing Scheme by legislating a subsequent Act is required to be decided.
6. The writ petition is required to be heard.
7. The respondents are directed to file affidavit-in-opposition by 14th November, 2025. Reply thereto, if any, be filed by 21st November, 2025.
8. The respondents are restrained from initiating any proceeding to recover any benefit already granted to the petitioner till the next date of hearing.
9. List the matter on 28th November, 2025 (Amrita Sinha, J.)