Mahesh Saraf v. The State Of West Bengal And ORS.

17.03.2025

IN THE HIGH COURT AT CALCUTTA

Ct. No. 2 Constitutional Writ Jurisdiction Sl. No. 11 Appellate Side Moumita WPA 5064 of 2025 Sri Mahesh Saraf Vs The State of West Bengal and Ors.

Mr. Sanjib Bandhopadhyay Mr. Manoj Kr. Mondal ...... for the Petitioner Mr. Sanjay Saha Mr. Raju Mondal ......for the Respondent Nos. 2 and 3 Mr. Chandi Charan De, Ld. Addl. Govt. Pleader Mrs. Reshma Chattarjee ....for the State-respondents Affidavit-of-service, filed in Court today, is taken on record.

Mr. Sanjib Bandhopadhyay, learned Counsel appears for the petitioner.

Mr. Sanjay Saha, learned State Advocate appears for the respondent nos. 2 & 3.

Mr.

Chandi Charan De, learned Additional Government Pleader appears for the State-respondents. The order impugned dated November 8, 2023 passed by the respondent no. 6 is an order appealable under Rule 51 of the West Bengal Minor Minerals Manual, 2016.

Petitioner shall be at liberty to file the statutory appeal on the self-same cause of action before the

jurisdictional appellate authority within two weeks from date.

In the event such an appeal is filed the jurisdictional appellate authority shall decide the same and dispose it of within a period three months from the date of registration of the appeal, after granting opportunity of hearing to all the parties concerned in the appeal and by passing a reasoned order in accordance with law.

It is made clear that this court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge all points before the jurisdictional appellate authority.

Since affidavits are not called for the allegations made in this writ petition are deemed not to have been admitted by the respondents.

In view of the above, this writ petition WPA 5064 of 2025 stands dismissed, without any order on merit. (Aniruddha Roy, J.)