05. 14.09.2026 Court No.8 (Tanmoy) WPA(P)/442/2026 TANAY MISHRA AND ORS. VS STATE OF WEST BENGAL AND ORS. Mr. Sandipan Banerjee Ms. Anushka Singh Ms. Priyanka Sen …for the petitioners. Mr. D.N. Roy, Ld. GP Mr. Dibasish Basu, Ld. AGP Mr. Joy Ranjan Dhar …for the State. Mr. Sanjay Saha Mr. Raju Mondal …for the respondent no.4. Mr. Siddhartha Banerjee Mr. Soumya Kanti Sinha …for the respondent no.16. Dictated by Arijit Banerjee, J. 1. The petitioners in this writ petition styled as Public Interest Litigation (PIL), say that they are residents of various villages in the District of Bankura, West Bengal. Because of activities of the respondent no.16, M/s. Radhakrishna Minor Minerals Private Limited, the Damodar Right Afflux Bund over river Damodar is facing the danger of collapsing. In particular, very heavy vehicles carrying sand are plying over this particular Bund, at the instance of the respondent no.16, damaging the Bund. If the Bund collapses, it will result in severe flooding in the adjacent villages including the villages where the petitioners reside causing severe prejudice to them. There is an alternative road for plying of the heavy vehicles 2 nearby. However, still, the said company insists on using the Damodar Right Afflux Bund. 2. Learned State Counsel as well as learned Counsel for the respondent no.16 point out that this issue has been raised before the National Green Tribunal (NGT) by some of the local persons including some of the present petitioners and the gentleman who has affirmed the affidavit in support of the present writ petition. The issue is pending before the Tribunal. 3. In view of the aforesaid, we are not inclined to entertain this application. The present petitioners will be at liberty to approach the NGT and ventilate their grievance before the NGT following due process of law. 4. We clarify that we have not addressed the merits of this writ petition. Nothing in this order will influence the decision of the NGT. 5. Since we have not called for affidavits, the allegations made in the writ petition are deemed to be denied by the respondents. 6. WPA(P)/442/2026 is disposed of accordingly. 7. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance with all requisite formalities. (Arijit Banerjee, J.) (Reetobroto Kumar Mitra, J.)