Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 16373 (CAL)

BHALUKA FISHERMENS CO-OPERATIVE SOCIETY LTD AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/23/2026 · 2026-03-24

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

183. 24-03-2026 (Ct. no.19) debajyoti (Bench ID 265719) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction APPELLATE SIDE WPA 23 of 2026 Bhaluka Fishermens’ Cooperative Society Ltd. & Anr. Vs. The State of West Bengal & Ors. Mr. Partha Pratim Roy, Adv., Mr. Anirban Das, Adv., Mr. Samrat Chakraborty, Adv. … For the Petitioners. Mr. M. P. Chakraborty, Adv., Ms. Sahina Sumi, Adv. … For the State. 1. The petitioners state that a tender was conducted on 5th May, 2017 for settlement of Katidara Magura Jalkar Bill Jalkar by way of a lease. The petitioners state that the letter of intent dated 17th July, 2017 was issued in favour of the respondent no.10, namely, Chatar MSS Ltd. Raninagar, in respect of the said Jalkar. The petitioners further state that the period of Jalkar expired by the end of 1430 BS. 2. Mr. Roy, learned advocate, appearing on behalf of the petitioners, submits that in spite of expiry of the lease period, the respondent authorities have not taken any steps to float a new tender for the purpose of settlement of the said Jalkar by way of lease. He further submits that the respondent authorities are allowing the erstwhile lessee to continue even after the expiry of the lease period by way of private negotiation. Mr. Roy draws the attention of the Court to the information furnished under the provisions of the Right to Information Act, 2005 dated 15th December, 2025 in support of his contention that the erstwhile lessee has also defaulted in payment of the instalment on account of the lease rent for a substantial period. 2 3. Pursuant to the order passed by this Court, a report has been filed by the Additional District Magistrate, Land and Land Reforms Department and District Land and Land Reforms Officer, Malda, dated 3rd February, 2026. When the matter has come up for hearing on 17th February, 2026, this Court noted that the report dated February 03, 2026 is silent as to the steps taken for launching of the new portal for settlement of the Jalkars. Today, a report of the Additional District Magistrate (LR) dated 12th March, 2026, has been filed annexing the copy of the earlier report dated 3rd February, 2026. Thus, it appears that the respondent authorities are not at all interested in launching a new portal or to make the same operational. It is for the authorities to devise the method for settlement of the fisheries. The respondent authorities should decide as to whether such settlement shall made through online or through physical form. 4. Be that as it may, the authorities are directed to take steps for settlement of the fisheries only by way of holding auction for the coming year which is to commence from 15th April, 2026. In case any steps could not be taken to conduct the auction before that date, the authorities shall not allow the existing lessee to carry on the pisciculture at the said property by way of private negotiation. 5. With the above observations and directions, the writ petition stands disposed of. 6. Parties shall act on the server copies of this order duly downloaded from the official website of this Court. 7. Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of necessary formalities. (Hiranmay Bhattacharyya, J.)