Dinesh Agarwal (In Person) v. The State Of West Bengal And ORS.
19.11.2025 Ct. No. 30 SL No.30 MKP WPA 17297 of 2025 Dinesh Agarwal (In Person) Vs.
The State of West Bengal & Ors Mr. Dinesh Agarwal, ...............Petitioner-In Person Mr. Supratim Dhar, Ld.Sr.Adv Mr. Nilotpal Chatterjee Mr. Santimay Bhattacharyya Mr. Amritlal Chatterjee ............for the State
1. The writ application has been preferred praying for direction upon respondent no.1 and its subordinate officers, to forthwith execute and register the mining lease for 20.87 acres of land in favour of the Petitioner's firm, M/s Chiranjilal (Mineral) Industries of Bagandih, for a period not less than 50 (fifty)years, in strict compliance with the judgment and order dated 12.09.2023 passed by the Hon'ble Supreme Court in Civil Appeal No.8238 of 2022, and the order dated 28.03.2025 passed by this Hon'ble Court in WPA No.2649 of 2025,
without insisting upon any further compliance or submission, including that of a draft lease deed.
2. The petitioner has filed his written notes and also an affidavit.
3. On hearing the Learned Counsel for the parties, it appears that subsequent to the order of the Hon'ble Supreme Court dated 12th September, 2023, petitioner herein filed another writ application being WPA 2649 of 2025.
The Co-ordinate Bench vide an order dated 28.03.2025 disposed of the writ application by directing the authorities as follows:
"It is further contended that the compliance of the alleged formalities have already been done by him on many occasions, at least twice and such factum was also considered by the Hon'ble Supreme Court while passing the said judgment.
Considering the entire materials as placed before this Court, this Court finds it is the duty of the State to comply with the order of the Hon'ble Supreme Court in letter and spirit.
In view of such, while disposing the instant writ petition this Court directs the respondents/State and its functionaries who are respondents herein to forthwith comply with the order and judgment of the Hon'ble Supreme Court dated 12.09.2023 as passed in connection with Civil Appeal No. 8238 of 2022 without insisting upon the writ petitioner for compliance of any further formalities."
4. The petitioner being aggrieved that the order was not complied with, filed a contempt application being CPAN 922 of 2025, which was dismissed by an order dated 18.07.2025 on the following findings:
"On being repeatedly asked by this Court, Mr.
Dinesh Agarwal further submits before this Court that he is not ready and willing to submit the draft copy of the mining lease deed as called for.
Such being the position, this Court considers that because of the non-cooperation of petitioner, Dinesh Agarwal, alleged contemnor is practically handicapped
to comply with the judgment and order as passed by this Court on 28.03.2025 in WPA 2649 of 2025.
With aforementioned observations, the instant contempt application being CPAN 922 of 2025 is dismissed."
5.Considering the said facts, a second writ application on the self same prayer is not maintainable.
6.The writ application is thus dismissed being not maintainable.
7.Applications, if any, connected thereto are disposed of consequently.
8. Interim order, if any, stands vacated.
9. Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.
[Shampa Dutt (Paul). J]