Paschim Banga Khanij Silpa v. State Of West Bengal And ORS.

August 26, 2022 ARDR (22) WPA 18317 of 2022 M/s. Paschim Banga Khanij Silpa Vs.

The State of West Bengal & Ors.

Mr. Samiran Mondal, Mr. Abhinaba Dan, Mr. Nitish Samanta, ...for the petitioner.

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

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

The petitioner was granted lease for china clay by virtue of a deed of lease executed on 31st July, 1981 for a period of twenty years.

It is submitted on behalf of the petitioner that in terms of the Amendment Minerals Concession Rules, 2015, the mining leases shall be renewed up to fifty years. The petitioner seeks liberty to submit a comprehensive representation before the concerned authority for renewal of the lease and prays for a direction upon the authority to consider the representation at the earliest.

Upon consideration of the submission made on behalf of the parties, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation in this regard before the 2nd respondent within a fortnight from date. The 2nd respondent is directed to consider and dispose of the representation within a

month from the date of receipt thereof 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. With the above directions, WPA 18317 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.)