Dhananjoy Nandi And ORS. v. The State Of West Bengal And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 12856 of 2024 Dhananjoy Nandi & Ors VS The State of West Bengal & Ors.

03.01.2025 (Item No. 6) (AB) Mr. Susanta Kumar Rakshit .... For the petitioners Mr. Supratim Dhar Mr. Ratul Das .... For the State respondents Mr. Sanjay Saha Mr. Raju Mondal .... For WBMTDCL Affidavit of service filed in Court today is taken on record.

Mr. Susanta Kumar Rakshit, learned advocate appears for the petitioners.

Mr. Supratim Dhar, learned senior advocate appears for respondent Nos. 1 to 5.

Mr. Raju Mondal, learned advocate appear for the respondent no.6.

The prayers in the writ petition are quoted below:

"a) A writ in the nature of Mandamus commanding the respondents to make the proper enquiry for issuing unlogo stamped e-challan in respect of the Mouza - Kantore Bonkati.

b) A writ in the nature of prohibition prohibiting the respondents from obtaining unlogo stamped e-challan in respect of the Mouza - Kantore Bonkati.

c) A writ in the nature of Certiorari directing the respondents to produce the relevant records relating to the case so that conscionable justice may be done in favour of the petitioners. d) Rule NISI in terms of prayers (a) to (c) above.

e) To issue any other appropriate writ, order and/or direction and such further order or orders as Your Lordship may deem fit and proper."

Following the previous direction of the coordinate bench by an order dated February 6, 2024 the application for mining lease submitted by the petitioners under the West Bengal Minor Minerals Concession Rules, 2016 has been rejected at page 25 to the writ petition.

With the promulgation and effect of the West Bengal Sand (Mining, Transportation, Storage and Sale) Rules, 2021 any lease in respect of a sand block now has to be granted by way of floating tender by the respondent No. 6.

Thus there is no scope for passing any order in this writ petition as the mining operation by granting lease of sand block is now governed under the provision of the said 2021 Rules.

In view of the above, this writ petition according to this Court is devoid of any merit and is liable to be dismissed.

However, dismissal of this writ petition shall not preclude the petitioners to participate in the open tender if the authority floats any tender for the purpose of granting mining lease of the concerned sand block in accordance with law if the petitioners are otherwise found to be eligible then.

It is also made clear that, this order shall not create any right or equity in favour of the petitioners. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

Accordingly, this writ petition, WPA 12856 of 2024 stands dismissed, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)