Hemanta Kumar Ghosh v. State Of West Bengal And ORS.

18.07.2022 18.07.2022 Ct. No.10 b.das WPA 11588 of 2022 Hemanta Kumar Ghosh Vs.

State of W. B. & Ors.

Mr. Pallav Chatterjee Mr. Raju Mandal ...for the petitioner.

Mr. Chandi Charan De Ms. Chandana Ghosh ...for the State.

Mr. Sanjoy Saha Mr. Subhasis Bhattacharya ...for the WBMDTCL.

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

The innocuous prayer of the petitioner is for consideration of his representation submitted before the 3rd respondent at the earliest.

It is submitted on behalf of the petitioner that longterm sand mining lease has been granted in his favour for a period of five years by virtue of deed executed on November 18, 2016 which was further extended till 31st May, 2022.

The petitioner prays for issuance of challan in respect of 6,50,000 c.ft. of sand extracted by him during the period of lease in order to enable him to dispose of the said sand to the end users and realize the cost of extraction and pay other Government duties.

It is submitted on behalf of the respondents that the 3rd respondent may be directed to consider the representation submitted by the petitioner in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation submitted by the petitioner dated 5th May, 2022 within a period of three weeks 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. The decision taken by the authority shall be communicated to the petitioner within a period of one week thereof.

With the above observations and directions this writ petition being WPA 11588 of 2022 is 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.)