Bulti Mukherjee v. State Of West Bengal And ORS.

April 21, 2023

(13) ARDR WPA 1307 of 2023 Bulti Mukherjee Vs.

The State of West Bengal & Ors.

Adv. Triptimoy Talukdar, Adv. Diptimoy Talukdar, Adv. Chanchala Chatterjee, ...for the petitioner.

Adv. Soumitra Bandyopadhyay, Adv. Priyabrata Batabyal, ...for the State.

Affidavit of service filed by the petitioner is taken on record.

It is contended on behalf of the petitioner that the petitioner applied for mining lease in respect of plot no.1306, Mouza Kanta, J.L. No. 79, Police Station Bishnupur, District Bankura on 5th December, 2011 which is yet to be considered by the authority. The petitioner subsequently filed another application on 7th January, 2019 requesting the authority not to float eauction in regard to the plot in question since she was not favoured with opportunity to participate in the same. The petitioner submits that though the second application was taken up for hearing by the authority upon issuance of notice to the petitioner, the decision taken by the authority has not been communicated as yet. The petitioner prays for a direction upon the concerned authority to consider both the applications

made by the petitioner and communicate a reasoned decision thereto within a stipulated time frame. It is submitted on behalf of the respondents that the 4th respondent be directed to deal with both the applications submitted by the petitioner in accordance with law.

In view of the above, the writ petition is disposed of directing the 4th respondent to consider and dispose of the applications submitted by the petitioner dated 5th December, 2011 and 7th January, 2019 respectively within one month from the date of communication of this order upon affording reasonable opportunity of hearing to all the interested persons including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. With the aforesaid directions, WPA 1307 of 2023 is disposed of.

There shall however, be no order as to costs. Since no affidavit in opposition is invited, the allegations contained in the petition are deemed not to be admitted.

Urgent certified website copy of this order, if applied for, be furnished to the parties on usual undertakings.

(Suvra Ghosh, J.)