Calcutta High CourtWPA/3081/2023disposed

Prabhas Ghosh v. State Of West Bengal And ORS.

2023-06-12Hon'Ble Justice Suvra Ghosh2 pages

jdt.

12.06.2023 jb.

W.P.A. 3081 of 2023 (Prabhas Ghosh vs. State of West Bengal & Ors.) Mr. Rahul Karmakar Mr. Sourav Guchhait .... For the Petitioner Mr. Ansar Mondal Mr. Hasibul Islam .... For the State Mr. Sanjay Saha Mr. Subhasish Bhattacharya .... For the WBMDTC Limited Affidavit of service filed on behalf of the petitioner is taken on record.

It is contended on behalf of the petitioner that being the highest bidder in the e-auction floated by the State respondents on June 12, 2017 the petitioner was granted long term mining lease for a period of five years vide deed of lease executed on 16th March, 2018. The petitioner obtained physical possession of the plot in question on December 11, 2019. The petitioner was unable to carry on mining operation due to advent of covid pandemic and seeks to submit a comprehensive representation before the concerned authority requesting extension of the deed of lease for a

period of 41 months during which he was unable to carry on mining operation.

It is submitted on behalf of the State respondents that the 6th respondent be directed to consider the representation, in accordance with law.

In view of the above, the writ petition is disposed of granting liberty to the petitioner to submit a comprehensive representation before the 6th respondent within 7 days from date. The 6th respondent is directed to consider and dispose of the representation within one month from the date of receipt thereof upon affording reasonable opportunity of hearing to all the stakeholders including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. The writ petition 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.)