08.09.2026 Court No.25 D/L No.8 S. Gayen In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 2353 of 2026 Davenport & Company Private Limited Versus State Bank of India & Ors. Mr. Rachit Lakhmani Ms. Neelina Chatterjee Ms. Nikita Baid …for the Petitioner Mr. Shounak Mitra Ms. Vaibhavi Pandey Mr. Aman Khemka …for the Respondent Nos. 1 to 3 1. The petitioner has filed the present writ application praying for a direction upon the respondent-bank to vacate the premises and hand over vacant, peaceful and khas possession of the property to the petitioner. 2. This Court by an order dated July 1, 2026 directed the respondents-bank to file report and the petitioner was given liberty to file exception to the report. The bank has filed the report and the petitioner has filed exception. Let the same be kept with the record. 3. In the report, the bank has stated that the Hasimara Industries Limited being the owner of the property in question granted sub-lease on April 10, 1996 by way of a notarized deed to the petitioner No.1-company for an area of approximately 0.32 acres for a term of 99 years with liberty to sub-lease. The petitioner No.1-company constructed the building on the leasehold land and sub-let the ground floor and first floor to the State 2 Bank of India for use of as its Hasimara Branch for a terms of 10 years commencing from April 10, 2008 with a monthly rent of Rs. 91,882/-. The petitioner No.1- company renewed the sub-lease granted to the State Bank of India for use as its Hasimara Branch for a further term of 10 years commencing from April 10, 2018 with a monthly rent of Rs. 1,26,797/-. On February 4, 2023, Hasimara Industries Limited and the Sonapur Tea Company Private Limited executed a Memorandum of Understanding for the acquisition of the Satali Tea Garden. On March 3, 2025, Hasimara Industries Limited and the Sonapur Tea Company Limited entered into an agreement for sale in respect of the Satali Tea Garden, Hasimara, Kalchini, Jalpaiguri. 4. Learned counsel for the respondents-bank submits that the petitioner has not made neither Hasimara Industries Limited nor Sonapur Tea Company Limited as party to the present writ application. It is found from the record that on September 16, 2025, the Chief General Manager of the SBI received a letter from the Sonapur Tea Company Limited asserting that the bank premises situated on Satali Tea Estate leasehold land and following its purchase of the said Satali Tea Estate, the Sonapur Tea Company Limited has become owner of the property and Hasimara Industries Limited has issued a no objection for change of ownership. 5. Considering the above, this Court finds that there are several disputed question of facts which cannot be decided in the present writ application and the prayer 3 made by the petitioner in the present writ application cannot be granted in the writ jurisdiction under Article 226 of the Constitution of India. 6. Accordingly, WPA 2353 of 2026 is dismissed. 7. However, the dismissal of the writ petition will not prevent the petitioner for taking appropriate steps before the appropriate forum in accordance with law. 8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. 9. Urgent certified Photostat copy, if applied for, be given to the parties after compliance with all requisite formalities. (Krishna Rao, J.)