Authority: High Court of West Bengal (Bench of Justice Partha Sarathi Sen, J.)

Order Date: 15 July 2026

Case Overview

  • Parties: Petitioner – Molla Abdul Odud; Respondents – State of West Bengal and associated authorities, specifically Respondent No.5 & Respondent No.6 (West Bengal Mineral Development and Training Centre Limited – WBMDTCL).
  • Counsel: Petitioner's advocate – Mr. Susanta Kr. Rakshit; Respondent No.5 counsel – Mr. Nilanjan Bhattacharjee, S.S.C., Ms. Jayita Dhar Chakraborty, Jr. Govt. Adv., Mr. Nilanjan Pal, Mr. Joy Ranjan Dhar; Respondent No.6 counsel – Mr. Sanjay Saha and Mr. Raju Mondal.
  • Background: A lease deed for LTML (Long‑Term Mining Lease) of sand was executed in favour of the petitioner on 13 January 2026 for a two‑year term and registered on 15 January 2026. A memorandum dated 13 February 2026 and a representation dated 26 May 2026 were filed, seeking issuance of a challan and permission to commence mining operations through the WBMDTCL centralized portal.
  • Petitioner's Claim: The petitioner alleges that despite the lease deed, the Respondent No.6 authority has not issued the requisite challan or facilitated the excavation permit, thereby hindering the commencement of mining activities.
  • Respondents' Position: Respondent No.6 contends that it may consider the 26 May 2026 representation in accordance with law and take consequential action if merit is found. Respondent‑State adopts the same stance.

Court Directions

1. Respondent No.6 (WBMDTCL) is directed to consider the representation dated 26 May 2026, provide the petitioner an opportunity of hearing, and pass a reasoned order positively by 31 July 2026.

2. The deadline is declared peremptory and mandatory.

3. The court clarifies that it has not examined the merits of the representation; the substantive issues remain for Respondent No.6 to adjudicate.

4. If Respondent No.6 finds sufficient substance in the representation, it must take all consequential actions promptly after issuing the reasoned order.

5. The petitioner’s advocate is authorized to communicate a server copy of this order to Respondent No.6 for immediate compliance.

6. The writ petition is disposed of without a merits decision.

7. An urgent certified copy of the order may be obtained by the parties upon completion of necessary formalities.

Final Outcome

  • The High Court orders WBMDTCL to evaluate the petitioner's 26 May 2026 representation, conduct a hearing, and deliver a reasoned decision by 31 July 2026, with subsequent action if warranted; the writ petition is dismissed without prejudice to the merits.

Topics: Court Order, Sand Mining Permit