D/L 26 19.08.2025 ct.no.35 Kausik W.P.A. 17141 of 2025 Tanay Kumar Pal Versus State of West Bengal & Ors. Mr. Subhankar Nag Mr. Abhishek Banerjee …for the Petitioner. Mr. Debjit Mukherjee Ms. Susmita Chatterjee …for the Intervener. Mr. Suman Sengupta, Sr. Govt. Adv. Mr. Dwaipayan Basu Mallick Mr. Sanatan Panja …for the State. Learned advocate appearing for the petitioner being an individual working for gain at Board of Majority Port Authority for the Syama Prasad Mookerjee Port, Kolkata has taken out an application under Article 226 of the Constitution of India praying for the following reliefs :- a) Issue a Writ of/or in the nature of Mandamus commanding the respondents Nos. 1 to 4 and/or each of them, their officers, servants, men, agents and instrumentalities to forthwith assist in evicting the unauthorized occupants from the said property 2 situated at under Plate Nos. HB 40 and HL 166/C at Ramkristopur, Howrah in terms of the order dated June 23, 2025 by providing police assistance within the time-frame mandated by this Hon’ble Court. b) Issue a writ of/or in the nature of mandamus commanding the Respondent authorities to provide police picket at the site in question at the cost of the Petitioner so that the assets present therein are protected after handing over possession to the Petitioner. c) Issue a Writ of/or in the nature of Mandamus directing the respondent authorities to ensure the petitioner and their men, agents, servants and assigns or anybody acting there under to have free ingress and egress in the said property; d) Issue a Writ of or in the nature of Certiorari calling upon the respondents and each of them, their men, agents, servants and assigns to transmit and produce all the records pertaining to this instant case before this Hon’ble Court so 3 that conscionable justice may be administered by passing appropriate direction or directions, order or orders; e) Rule NISI in terms of prayers as above; f) Pass an interim order directing the Respondent authorities or their men agents, servant, officers or anybody acting thereunder to ensure that possession of the subject premises is handed over to the Petitioner immediately and to maintain law and order situation at the said premises. g) Ad interim order in terms of prayer (f) as above; h) Pass such further order and/or orders and/or direction and/or directions as this Hon’ble Court may deem fit and proper. Learned advocate appearing for the petitioner emphasized on the communication of the Estate Officer to the authorized Officer being the petitioner under Section 5 of the Public Premises Eviction of Unauthorised Occupant Act, 1971 read with Rule 7(ii) of the rules framed under the said act to evict M/s. Soorajmull Baijnath of 138, Biplabi Rash Bihari Basu Road, Kolkata – 700001 and also 4 at 304 Jasmine Tower, 31, Shakespeare Sarani, Kolkata 700017. Attention of the Court was drawn to the communication that the unauthorized occupants or any other unauthorized occupant occupying the public premises fully described in the schedule and take possession of the public premises as mentioned in the schedule. If the public premises is locked, it was informed that either the same be sealed or in presence of two witnesses the locks be opened or any door gate or other barrier be opened and the premises be entered into. There was a reiteration of the same communication, by another Order No. 36 dated 23.06.2025 which was passed in the same tune for the premises being 138, Biplabi Rash Bihari Basu Road, Kolkata – 700001 and also 304 Jasmine Tower, 31, Shakespeare Sarani, Kolkata 700017. Learned advocate for the State is present and has submitted that since there are occupants at the premises who are there for a considerable period of time and there would be law and order crisis in case the number of persons who are occupying are evicted with force, and the said occupants have not been made a party in the writ petition also. 5 Mr. Mukherjee, learned advocate appears and submits that an appeal was preferred where initially stay was granted. Learned advocate appearing for the petitioner has filed a supplementary affidavit enclosing the order of Misc. Appeal No. 88/21. Although there was no averment regarding the Misc. Appeal pending, in the main writ petition but the contention of the occupants that a misc. appeal is pending is confirmed. Learned advocate for the petitioner submits since the petitioner thought it irrelevant to point out and bring it to the notice of this Court, such contention was not advanced or incorporated in the writ petition as the initial order of stay was non- existent because there was non-compliance of the conditions imposed in the order dated 18.02.2022. Records reflect that the misc. appeal no. 88 of 2021 is still pending in spite of no interim order being there. Since an appeal is pending and therefore an alternative remedy is available, I am of the view that the writ petition at this stage is not maintainable. Accordingly, WPA 17141 of 2025 is dismissed. 6 All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)