Authority: High Court at Calcutta (Constitutional Writ Jurisdiction)
Order Date: 14 October 2026
Case Overview
- Parties: Writ petitioner Probhat Bauri vs. The State of West Bengal, West Bengal Mineral Development Trading Corporation (the "Corporation"), and other respondents.
- Nature of proceedings: Writ petition seeking issuance of writs directing respondents nos. 6, 7 and 3 to open the portal of challan for disposal of sand stocked by the petitioner during the monsoon period.
- Key dates & documents: Order dated 15 May 2026 permitting sand stock from 15 May 2026 to 31 Mar 2027; Memo dated 17 Aug 2026 imposing a fine of Rs 8,02,08,750 (Rs 625 per cubic metre for 1,28,334 m³); Petitioner's deposit of Rs 2,00,52,188 (one‑quarter of fine); Report dated 13 Oct 2026 filed by respondent no. 7; Memo dated 25 Sep 2026 directing respondent no. 3 to open the portal after receipt of first installment.
- Allegations/Issues: Petitioner alleged excess sand stock and sought portal opening after paying part of the fine; Respondents argued that the fine could be paid in four equal installments and that the portal would be opened upon receipt of each installment.
- Observations: The Court noted that the memo dated 25 Sep 2026 effectively addressed the petitioner’s grievance by directing the opening of the portal after the first installment payment.
Final Outcome
- The writ petition is disposed of as the grievance is deemed adequately redressed.
- No costs awarded.
- The Court directed that if the petitioner continues to pay the fine in installments, respondents nos. 7 and 3 must issue proportionate challans based on each installment.
- Liberty granted to the petitioner’s counsel to communicate a certified copy of this order to respondents nos. 7 and 3 for implementation.
Topics: Legal Dispute, Sand Mining Regulation