Sukla Barui v. State Of West Bengal And ORS.

29.03.2022 jb.

jdt.

W.P.A. 3749 of 2022 Sukla Bauri Vs.

State of W.B. & Ors.

Mr. S. Bhattacharya Mr. Pallav Chatterjee ...for the petitioner.

Mr. Chandi Charan De Mr. Anirban Sarkar ...for the State.

Mr. Sanjay Saha ...for the respondent No.2.

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

It is submitted on behalf of the petitioner that the petitioner was granted long term mining lease by the State respondents by virtue of deed registered on 4th May, 2017. The lease is due to expire on 3rd May, 2022. Due to Covid19 pandemic and lockdown declared by the Government, the petitioner was unable to carry on mining operation for substantial period of time for which she 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 case of breach of terms of the lease or delay due to force

majeure the period of such delay shall be added to the period fixed by the lease.

The petitioner submitted a representation before the concerned Authority on 15th December, 2021 in this regard which is yet to be disposed by the Authorities. The petitioner prays for a direction upon the Authorities to consider the representation at the earliest.

Upon consideration of the submissions made on behalf of the parties and material on record, the writ petition is disposed of directing the 4th respondent to consider and dispose of the representation submitted by the petitioner dated 15th December, 2021 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, the writ petition being W.P.A. 3749 of 2022 is thus 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.)