Sagar Sekh v. State Of West Bengal And ORS.

29.05.2023 Court No. 7 D.Hira WPA 12876 of 2023 Sagar Sekh Vs.

State of West Bengal & Ors Mr. Sudip Deb, Mr. Jay Chakraborty, Ms. Ipsita Ghosh.

... for the petitioner Mr. Sanjay Saha, Mr. Subhasish Bhattacharya.

... for the respondent no. 2 Mr. Jahar Dutta, Mr. Bipin Ghosh.

... for the State Affidavit-of-service filed in Court today is taken on record.

The petitioner is aggrieved by a communication dated June 16, 2022 in relation to execution of a long-term mining lease.

The order impugned suggests that despite being the highest bidder, the lease deed could not be executed in favour of the petitioner since his bank guarantee was for one year only and that was submitted after the due date.

It appears that petitioner made a representation before the Additional District Land and Land Reforms Officer, Murshidabad on May 17, 2023 for re-consideration of the decision.

This Court is not inclined to keep this writ petition pending and call for the affidavits.

This writ petition is dispose of with a direction upon the Additional District Magistrate, Murshidabad to consider the representation dated May 17, 2023 appearing at page 26 of the writ petition in accordance with law within a period of one month from the date of communication of this order.

Needless to mention this Court has not gone into the merits of the case. The Additional District Magistrate shall take a decision in accordance with law upon granting an opportunity of hearing to the petitioner.

Accordingly, WPA 12876 of 2023 is disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Kausik Chanda, J.)