Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 24899 (CAL)

MALI AGRI-TECH PVT. LTD. v. THE STATE OF WEST BENGAL AND ORS.

WPA/11353/2025 · 2026-06-24

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.06.2026 Saswata Sl. No. AD 3 Ct. No. 03 WPA 11353 of 2025 Mali Agri-Tech Pvt. Ltd. Vs. The State of West Bengal & ors. Ms. Subhasree Patel Mr. P. Baidya Mr. S.Banerjee Ms. Shruti Mukhopadhyay …… for the petitioner Mr. Sukanta Ghosh Mr. Arghya Chatterjee …For the State Mr. Achintya Kumar Banerjee Ms. Indumouli Banerjee …For the respondent nos. 2 to 4 1. The petitioner complains of setting up / retaining an open vat (large uncovered garbage collecting bin) in front of the petitioner’s premises which is interfering with the ingress and egress to its property and the same is also causing health hazard. 2. When the matter was moved, by order dated 5th May 2026 this Court noting that despite service the municipality remained unrepresented, however, considering the seriousness of the matter especially with regard to the health risk, directed the municipality to file a report in the matter. Subsequently on 8th June 2026, the municipality once again remained unrepresented and as such, this Court directed a fresh service of notice on the municipal authority. The said order made it clear that WPA 11353 of 2025 2 if the order dated 5th May 2026 is not complied with, appropriate order shall be passed on the returnable date. 3. Pursuant to the above direction, the petitioner has caused fresh notice to be served on the municipality and an affidavit of service to that effect has been filed which is retained with the record. It appears that the municipality has ultimately woken up from its slumber and has caused appearance before this Court. Mr. Banerjee, learned advocate appearing for the municipality has placed before this Court a report dated 5th June 2026 countersigned by the Sub Assistant Engineer, Ranaghat Municipality and submits that the disputed dumping station has been dismantled and has been directed to be removed with immediate effect. Photographs have also been enclosed to the report. From the photographs it transpires that the dumping station has been removed, however, the construction materials and the garbage are still lying there at. 4. Though, Mr. Banerjee submits that the aforesaid garbage has since been removed, the submission made by him does not corroborate from the photographs. Accordingly, this Court directs the respondent no. 4 to take immediate steps to remove the garbage and other demolished construction materials from the locale. It is expected that the WPA 11353 of 2025 3 aforesaid direction shall be carried out within a period of 24 hours from the date of communication of this order unless the garbage and the construction materials have already been removed. 5. Since, nothing survives in the matter, the writ petition stands disposed of. 6. However, the respondent no. 4 shall file a report in the form of an affidavit before the Learned Registrar General of this Court within a period of 7 days enclosing therewith recent and updated photographs of the site. If such affidavit is filed, a copy thereof shall be made over to the learned advocate appearing for the petitioner and the original shall be tagged with the file. (Raja Basu Chowdhury, J.)