Dhananjay Chatterjee v. The State Of West Bengal And ORS.

07.07.2025 Sl. No.18 AMR Ct.No.-19 In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA No. 2902 of 2025 Dhananjay Chatterjee Vs.

The State of West Bengal & Ors.

Mr. Mir Anowar Mr. Sreekumar Chakraborty ...for the petitioner Mr. Chandi Charan De, Ld. AGP Mr. Anirban Sarkar ...for the State 1.

Affidavit-of-Service as filed today on behalf of the writ petitioner is taken on record.

2.

By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against respondent authorities commanding them to act in terms of the grant order dated 21.08.2009, a copy of which has been annexed at page no. 11 of the instant writ petition.

3.

Mr. Anowar, learned advocate appearing on behalf of the writ petitioner, submits before this Court that immediately after receipt of the aforementioned

grant order under the West Bengal Mines and Minerals Rules, 2002, the writ petitioner on 5.2.2010 submitted a draft Deed of Lease for execution of long term mining lease of sand over the relevant plot with the respondent no. 3/authority, but despite receipt of such application, the respondent no. 3/authority practically did nothing and sat tight over the matter.

4.

It is further submitted by Mr. Anowar that from page no. 20 of the instant writ petition, it would reveal that finding no other alternative, the writ petitioner under cover of his letter dated 21.04.2025 submitted a representation with the respondent nos. 2 and 3/authorities which remains undisposed of as on this day.

5.

Mr. De, learned AGP, appearing on behalf of the respondent/State and its instrumentalities in his usual fairness, submitted before this Court that respondent no. 3/authority may be directed to consider the representation dated 24.01.2025 as submitted by the writ petitioner in accordance with law.

6.

On careful consideration of the entire materials as placed before this Court and after hearing the learned advocates for the respective parties, this Court, while disposing the instant writ petition, directs

the respondent no. 3/authority to consider the representation dated 24.01.2025 in accordance with law and after giving an opportunity of hearing either to writ petitioner and/or to his authorized representative shall pass a reasoned order and forthwith communicate the same to the writ petitioner preferably by E-Mail, if the Mail details of the writ petitioner is furnished to him at the time of hearing. 7.

The entire exercise, as indicated hereinabove, is to be completed by the respondent no. 3/authority positively within 30 working days from the date of communication of the server copy of this order. 8.

The time limit, as fixed by this Court is mandatory and peremptory.

9.

Liberty is given to the learned advocate for the writ petitioner to communicate the server copy of this order to the respondent no. 3 forthwith.

10.

The respondent no. 3 is directed to act on the server copy of this order.

11.

With these observations, the instant writ petition being WPA 2902 of 2025 is disposed of.

12.

Before parting with, it is further made clear that in the event the respondent no. 3/authority, while passing the reasoned order, finds justification in the

representation of the writ petitioner and he is directed to take appropriate consequential steps forthwith. 13.

There shall be no order as to costs.

14.

Urgent photostat certified copy of this order be given to the parties upon compliance of all legal formalities.

(Partha Sarathi Sen, J.)