Ambey Niwas Pvt Ltd And ANR v. State Of West Bengal And ORS.

August 24, 2022 ARDR (22) WPA 13009 of 2022 Ambey Niwas Pvt. Ltd. & anr.

Vs.

The State of West Bengal & Ors.

Mr. Mir Anowar, ...for the petitioners.

Mr. Sanjay Saha, ...for the WBMDTCL.

Mr. Susovan Sengupta, Mr. Subir Pal, ...for the State.

It is contended on behalf of the petitioners that though long term mining lease for extraction of sand was granted in favour of the petitioners, the petitioners were unable to carry on mining operation due to non-availability of sufficient sand in the block in question. The petitioners submitted a representation before the authority on 15th February, 2022 for extension of the lease which is yet to be considered. The petitioners pray for a direction upon the concerned authority to consider the representation at the earliest.

Having considered the submission made on behalf of the parties the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation submitted by the petitioners dated 15th February, 2022 within one month 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 week thereof. It is made clear this Court has not gone into the merits of the case and the parties shall be at liberty to place their respective contentions before the authority at the time of hearing.

With the above directions, WPA 13009 of 2022 is disposed of. There shall however, 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 furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)