New Madina Marbel v. State Of West Bengal And ORS.

June 12, 2023

(6) ARDR WPA 4032 of 2023 New Madina Marble Vs.

The State of West Bengal & ors.

Adv. Mir Anowar ...for the petitioner.

Adv. Sanjay Saha, Adv. Subhasish Bhattacharya, ...for the respondent no.5.

Adv. Ashim Kumar Ganguly, Adv. Jaydip Banerjee, ...for the State.

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

The petitioner undertakes to serve copy of the writ petition along with annexures thereto upon the 5th respondent in course of this day.

The petitioner is aggrieved by the order passed by the Additional District Magistrate and District Land & Land Reforms Officer, Hooghly on 23rd December, 2022 rejecting the prayer of the petitioner for extension of the mining lease.

The said order is amenable to appeal under Rule 51 of the West Bengal Minor Minerals Concessions Rules, 2016.

In view of the above, the writ petition, being WPA 4032 of 2023, is dismissed as not maintainable. However, liberty is granted to the petitioner to approach the appellate forum for redressal of his grievance.

In the event the petitioner prefers the statutory appeal within fifteen days from date, the appellate forum shall deal with the appeal on merits upon condoning the delay in filing the same. The appellate forum is further requested to dispose of the appeal as expeditiously as the business of the forum would permit.

There shall however, be no order as to costs. Urgent certified website copy of this order, if applied for, be furnished to the parties on usual undertakings. (Suvra Ghosh, J.)