Sujit Kumar Roy v. State Of West Bengal And ORS.

24.12.2021 rc/ct.no.10 Item No.04 WPA No. 19950 of 2021 Sujit Kumar Roy

Versus

State of West Bengal & Ors.

Mr. Saktipada Jana ...for the petitioner Mrs. Chaitali Bhattacharjee Mr. Subhankar Roy Choudhury ...for the State Affidavit of service filed in Court today be taken on record.

This matter pertains to Group-I of the Classification List. Necessary corrections be done in the presentation form and the cause title of the writ petition. Heard learned counsels appearing on behalf of the parties.

It is submitted by the learned counsel appearing on behalf of the petitioner that being the highest bidder in the e-auction and upon depositing the entire royalty of Rs.81.00 lakhs, a deed of lease was executed in his favour for long term mining on November 15, 2016 which was valid for a period of 5 years. He also submits that due to the Covid-19 Pandemic the work of excavation was halted and the petitioner was not able to continue with the mining process. He further submits that the petitioner filed a representation dated November 09, 2021 before the respondent no. 2 for extension of the lease period but the said representation is yet to be considered. Subsequently the petitioner received an intimation issued by the

Additional District Magistrate and District Land and Land Reforms Officer, Bankura on November 08, 2021 directing closure of the mines due to expiry of the period of lease. He prays for a direction upon the authority to consider the representation of the petitioner dated November 09, 2021 at the earliest and grant extension of lease in his favour. It is submitted by the learned counsel appearing on behalf of the State-respondents that the mining operations were not entirely closed down around the cities due to the Covid-19 Pandemic and several applications for renewal of the mining lease have been submitted before the Government. It is for the Government to take a policy decision in the matter as no such decision for renewal of expired mining lease is on board at the moment.

Having considered the submissions made by the learned counsels appearing on behalf of the parties and the material on record, I dispose of the writ petition with a direction upon the respondent no. 2 to consider and dispose of the representation filed by the petitioner on November 09, 2021 within a period of two months from the date of communication of this order, after giving reasonable opportunity of hearing to all the affected parties including the petitioner and concerned Departments, in accordance with law.

With the above observations and directions this writ petition being WPA No. 19950 of 2021 is disposed of. There shall be, however, 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)