New Madina Marble v. State Of West Bengal And ORS.
Court No. 2
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side W.P.A. 9138 of 2024 New Madina Marble VS The State of West Bengal & Ors.
05.11.2024 (Item No. ML-48) (AB) Mr. Mir Anwar .... For the petitioner Mr. Chandi Charan De, Ld. Addl. Govt. Pleader Ms. Reshma Chatterjee Ms. Jonaki Khan .... For the State respondents Mr. Sanjay Saha .... For respondent No. 5 Affidavit of service filed in Court today is taken on record.
Mr. Mir Anwar, learned advocate appears for the petitioner.
Mr. Sanjay Saha, learned advocate appears for respondent No. 5.
Mr. Chandi Charan De, learned Additional Government Pleader appears for respondent Nos. 1 to 4.
The sole grievance of the petitioner is that the appeal preferred by the petitioner under Rule 51 of the West Bengal Minor Minerals Concession Rules, 2016, is still pending and not disposed of by the jurisdictional appellate authority.
Accordingly, the jurisdictional appellate authority, being the respondent No. 2 herein after granting opportunity of hearing to the parties to the said pending appeal annexure P-6 at page 25 to the
writ petition shall dispose of the same by passing a reasoned order in accordance with laws.
The entire exercise shall be carried out and completed by disposing of the appeal in accordance with law by the respondent No. 2 positively within a period of eight weeks from the date of communication of this order.
It is made clear that this Court has not gone into the merits of the claim of the petitioner in the appeal or in the writ petition and the jurisdictional appellate authority shall decide the appeal independently without being influenced by any observations made by this Court.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
With the above observations and directions this writ petition W.P.A. 9138 of 2024 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)