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Calcutta High CourtWPA/13307/2023dismissed as not maintainable

Success Niryat Private Limited v. State Of West Bengal And ORS.

2024-02-08Hon'Ble Justice Suvra Ghosh2 pages

February 8, 2024 ARDR (644) WPA 13307 of 2023 Success Niryat Private Limited Vs.

The State of West Bengal & ors.

Adv. Dipankar Saha, Adv. Anirban Das, Adv. Subham Kr. Das, ...for the petitioner.

Adv. Sanjay Saha, Adv. Subhasish Bhattacharya, ...for the respondent no.6.

Adv. Chandi Charan De, Adv. Anirban Sarkar, ...for the State.

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

The order passed by the Additional District Magistrate and District Land & Land Reforms Officer, Jhargram on 24th January, 2023 is assailed in the writ petition.

The said order is amenable to appeal under Rule 51 of the West Bengal Minor Minerals Concession Rules, 2016.

The petitioner seeks to approach the appropriate forum by filing a statutory appeal.

In view of the above, the writ petition, being WPA 13307 of 2023 is dismissed, being not maintainable. Liberty is granted to the petitioner to approach the appropriate forum for redressal of his grievance. In the event the petitioner prefers the statutory appeal within two weeks from date, the appellate authority

shall consider the appeal on merits without dismissing the same on the ground of limitation.

There shall however, be no order as to costs. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)