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2026 DAILYLAW 47868 (CAL)

TAPAS BANERJEE v. THE STATE OF WEST BENGAL AND ORS.

MAT/1471/2025 · 2026-10-09

Sabyasachi Bhattacharyya, Sandip Kumar De

body2026

Judgment text

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Form No. J(2) In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side Present: The Hon’ble Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Sandip Kumar De MAT 1471 of 2025 IA No: CAN 1 of 2025 Tapas Banerjee Vs. The State of West Bengal and others For the appellant : Mr. Partha Sarathi Bhattacharjee, Snr. Adv., Mr. Sushanta Kr. Rakshit For the State : Mr. Nilanjan Bhattacharjee, Snr. St. Counsel, Mr. Saikat Dey For the respondent no.5 : Mr. Sanjay Sah, Ms. Indrani Mukherjee Heard on : 09.10.2026 Judgment on : 09.10.2026 Sabyasachi Bhattacharyya, J.:- 1. Affidavit-of-service filed today be kept on record. 2. The present challenge has been preferred against an order passed by the authorities rejecting the application of the appellant for grant of a short term mining lease. 3. By the impugned order, the learned Single Judge merely refused to interfere on the ground of availability of an equally efficacious 2 alternative remedy by way of an appeal under Rule 51 of the West Bengal Minor Minerals Concession Rules, 2016 (for short “the 2016 Rules”). 4. As such, no rights of the parties have been effectively decided by the impugned order. 5. The scope of interference in an intra-court appeal is extremely limited. 6. Keeping in view such consideration, we are of the opinion that there is no occasion to interfere with the impugned order since the remedy of appeal is already available to the appellant. 7. Accordingly, MAT 1471 of 2025 is dismissed on contest without any order as to costs, leaving it open to the appellant to prefer an appropriate challenge under Rule 51 of the 2016 Rules in accordance with law and subject to limitation, if applicable. 8. Consequentially, CAN 1 of 2025 is also disposed of. 9. There will be no order as to costs. 10. Urgent Photostat certified copies of this judgment, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.) I agree. (Sandip Kumar De, J.) AD-10 TN