Kalyani Saha v. State Of West Bengal And ORS.

jdt.

21.01.2022 jb.

W.P.A. 315 of 2022 (Kalyani Saha vs. State of West Bengal & Ors.) Mir Anowar ... For the Petitioner Mr. C. C. De Mr. Soumitra Bandyopadhyay Mr. Anirban Sarkar ... For the State Mr. Sanjay Saha ... For the Respondent No. 4 It is submitted on behalf of the petitioner that the petitioner was granted long term lease by virtue of deed executed and registered on 27th January, 2017 which is in force till 5th February, 2022. Due to the present Covid 19 pandemic the petitioner was unable to carry out mining operation for a substantial period of time and has, therefore, prayed for extension of the period of lease. Learned counsel for the petitioner has taken this Court to clause 5 of the deed of lease which indicates that any delay caused due to force majeure shall be added to the period of lease.

manpower on account of the lock down situation, dates for completion of contractual obligations which had to be completed on or after 20th February, 2020 shall stand extended for a period not less than three months and not more than six months. The petitioner submitted a representation before the concerned Authority on 11th August, 2021 in this regard which is yet to be disposed by the Authorities. The petitioner prays for a direction upon the Authorities to consider the representation at the earliest. It is submitted on behalf of the State respondents that the third respondent be directed to consider the representation within a stipulated period of time.

Upon consideration of the submissions made on behalf of the parties and material on record, the writ petition is disposed of by directing the third respondent to consider and dispose of the representation submitted by the petitioner dated 11th August, 2021 within a period of one month from the date of communication of this order after taking into consideration the Memorandum dated 13th May, 2020 as well as clause 5 of the deed of lease, after affording reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law. W.P.A. 315 of 2022 is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)