Krishna Nair v. State Of West Bengal And ORS.
15.03.2022 rc/ct.no.10 Item No.09 WPA No. 3307 of 2022 Sri Krishna Nair
Versus
The State of West Bengal & Ors.
Mr. Mir Anowar ...for the petitioner Mr. Chandi Charan De Mr. Soumitra Bandyopadhyay Mr. Somnath Mukherjee ...for the State Affidavit of service filed by the petitioner be taken on record.
The petitioner submits that long-term mining lease was granted in his favour for a period of five years by virtue of registered deed dated 13th February, 2017 and the term of the lease has expired on 12th February, 2022. Due to Covid-19 pandemic and lockdown declared by the Government, the petitioner was unable to carry on mining operation for substantial period of time for which he has prayed for extension of the period of lease before the concerned authority.
Learned counsel draws the attention of the court to Clause 5 of part IX of the deed of lease which states that in the event of delay on the ground of force majeure the period of such delay shall be added to the period of lease. Learned counsel has also drawn the attention of this Court to the Memorandum dated 13th May, 2020 issued by the Deputy Secretary, Government of India to the Secretaries of all Central Government Ministries/Departments which demonstrates that in
view of the restrictions placed on the movement of goods, services and 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. Learned counsel for the petitioner also draws the attention of the Court to a notification issued by the Government of West Bengal on 28th February, 2022 which records that all sand mining leases expiring till April, 2022 are extended till 31st May, 2022. The petitioner submitted a representation before the concerned Authority on 24th December, 2021 in this regard which is yet to be disposed by the Authority. The petitioner prays for a direction upon the Authority to consider the representation at the earliest.
It is submitted on behalf of the State respondents that the 3rd respondent be directed to consider the representation within a stipulated period of time. Learned counsel appearing on behalf of the Staterespondents submits a report which is taken on record. It is submitted by the learned counsel appearing on behalf of the State-respondents that the representation submitted by the petitioner has been taken into consideration by the authority and in terms of the Memorandum dated February 28, 2022 the period of lease has been extended till 31st May, 2022.
It is not clear from the report as to whether the representation submitted by the petitioner has been disposed of by the authority.
In view of the same, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation submitted by the petitioner dated 24th December, 2021, if the same is already not disposed of, within a period of one month from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law. With the above directions, W.P.A. 3307 of 2022 is disposed of. However, there shall be no order as to costs. Since no affidavit 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 supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh,J)