25.09.2026 Item No. 85 Ct. No. 39 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 24435 of 2014 M/s. Lall Minerals Private Limited & anr. vs. WBHIDCO & ors. Mr. Aniket Mitra … for the petitioners Mr. Chayan Gupta Mr. Uday Sharma Mr. Saqib Siddiqui … for the WBHIDCO 1. Learned advocates appearing for the respective parties jointly and candidly accepted that the issue involved in the present case has already been settled and decided by the Single Bench and the Division Bench as well of this Court. 2. On the basis of the judgment passed by the Division Bench of this Court, the petitioners pray for refund of the principal amount of Rs. 1,1,72,659.00 which was deposited with the HIDCO in three instalments in connection with the allotment of a plot of land measuring 10 Cottahs being plot no. IIC – 1947/6 in action area – II, New Town, Kolkata in the name of M/s. Lall Minerals Pvt. Ltd. 3. In view of the judgment passed by the Division Bench in MAT 1309 of 2015 [Prabir Kumar Talukdar vs. WBHIDCO & ors.], this Court directs the petitioners 2 to pray for refund of the money, which was paid on the ground that during subsistence of the modal code of conduct, the discretionary quota of the Chairman could not be affected by the HIDCO. 4. The representation be made within a period of 15 days from this date in writing enclosing the copy of the writ petition praying for refund of the principal amount as well as the interest. 5. The Division Bench in the said judgment held that the petitioners may make a request to the HIDCO for payment of interest and, in turn, the HIDCO shall consider it keeping in mind the fact that it is an arm of the State and is expected to act fairly and reasonably. 6. Upon receipt of such representation from the petitioners, the Chairman, HIDCO, respondent no. 2 shall refund the principal amount to the petitioners alongwith interest, if they consider it deem fit in pursuance of the judgment passed by the Division Bench within a period of one month from the date of receipt of the representation from the petitioners. 7. WPA 24435 of 2014 stands disposed of with the above observations and directions. 8. Consequently, the connected applications, if any, also stand disposed of. 9. Since no affidavits have been filed by the parties, the allegation contained in the writ petition is deemed not to have admitted. 3 10. Interim order, if any, stands vacated. 11. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 12. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)