Rajat Ash v. State Of West Bengal And ORS.

jdt.

31.08.2023 jb.

W.P.A. 538 of 2023 (Rajat Ash vs. State of West Bengal & Ors.) and W.P.A. 493 of 2023 (Murshid Newaz vs. State of West Bengal & Ors.) Mr. Subhendu Roychoudhury Ms. Shila Chatterjee .... For the Petitioner (in WPA 538/2023) Mr. Subrata Dasgupta .... For the State Mr. Sanjay Saha Mr. Subhasish Bhattacharyya .... For the WBMDTC Limited W.P.A. 493 of 2023 is treated as on day's list. Heard learned counsels for the parties.

The petitioners in both the matters seek a direction upon the third respondent to issue short-term mining license in favour of the petitioners. The petitioners seek to submit their respective comprehensive representations in this regard before the third respondent and pray for a direction upon the authority to consider the representations at the earliest. It is submitted on behalf of the respondents that the 3rd respondent be directed to consider the representations in accordance with law.

In view of the above, the writ petitions being W.P.A. 538 of 2023 and W.P.A. 493 of 2023 are disposed of with liberty to the petitioners to submit comprehensive representations before the 3rd respondent within seven days from date. The 3rd respondent is directed to consider and

dispose of the respective representations of the petitioners within one month from the date of receipt thereof upon affording reasonable opportunity of hearing to all the stakeholders including the petitioners, in accordance with law. The petitioners shall be at liberty to submit all relevant documents before the authority at the time of hearing. The decision taken by the authority shall be communicated to the petitioners within a week thereof. There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petitions 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.)