05.08.2026 Item No.15 Crt.No.10 SB IN THE HIGH COURT AT CALCUTTA APPELLATE SIDE CONSTITUTIONAL WRIT JURISDICTION WPA 12253 of 2026 Sudhir Kumar Dey & Anr. -vs- Bharat Petroleum Corporation Ltd. & Ors. Mr. Amal Kumar Sen, Sr. Adv., Mr. Subhasis Bandyopadhyay …. for the petitioners. Mr. Sanjib Kr. Mal, Ms. Shomitra Das, Mr. Shomrik Das, …. for the respondent nos. 1 to 3. Mr. Kaushik Dey For the respondent nos. 5 to 6. 1. The core issue involved in the instant writ petition is whether BPCL can be directed to remove all its dispensing units, underground tanks and allied installations from the suit lease hold land within a time bound period, and thereafter hand over vacant possession to the petitioners who are the transferee/ lessees of the said land. 2. Learned counsel for the petitioners submits that the petitioners are the transferee/lessees and are presently in 2 possession, by all practical purpose, of the suit plots of land. 3. The primary grievance is that despite being lessee, the petitioners are unable to utilize the land as BPCL’s dispensing units, underground tanks and allied installations are still lying on the said premises. The petitioners pray for a direction upon the BPLC to remove all such assets from the suit premises and hand over the vacant possession. 4. Learned counsel appearing on behalf of BPCL/respondents places on record written instructions received from the department. 5. It is submitted that BPCL is agreeable to remove all its assets from the suit premises. 6. However, since the underground tanks require cleaning and the site has undergone several excavations BPCL seeks two months time for complete removal of assets from the suit premises. 7. Having heard the parties and upon perusing the record, this Court finds, that both the parties have arrived at a consensus regarding the removal of assets. 3 8. The petitioners have already intimated the respondents that they are the lessees and are in possession of the land but are being prejudiced due to continued presence of BPCL’s assets. 9. In view of the concession made by BPCL and to ensure safe hand over, it is just and proper that a specific time line be fixed for removal and restoration. 10. Accordingly, this Court directs as follows:- a. BPCL shall complete the removal of all its assets, including dispensing units, underground tanks and allied installations from the suit premises on or before 05.11.2026. b. The removal shall enable proper cleaning and decommissioning of the underground tanks so that the land is handed over in a safe condition. c. Upon completion of removal, BPCL shall forthwith hand over vacant and peaceful possession of the said land to the petitioners who are the lessees thereof. 4 11. With the above observations the writ petition is disposed of without going into the merits of the case. 12. A copy of the instructions submitted by the BPCL is taken on record. (Smita Das De, J.)