Nunnehaar Bibi v. The Dist Magistrate, Birbhum & ORS

jdt.

05.08.2022 jb.

W.P.A. 16782 of 2016 (Israil Sk. vs. The District Magistrate, Birbhum & Ors.) Mr. Murari Mohan Das Sk. Musiar Rahaman Ms. Reshmi Rehman .... For the Petitioner Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal .... For the State It is submitted on behalf of the petitioner that despite an order of this Court passed on 24th December, in W.P.

19165(W) of directing the respondents to consider and dispose of the application of the petitioner for grant of long term mining lease in respect of the plot in question within three months from the date of order along with an interim order in favour of the petitioner on certain terms and conditions, the authority has not taken any step for disposal of the application and has stopped issuance of quary permit and road challans in favour of the petitioner. The petitioner prays for a direction upon the respondents in terms of prayer (a) of the petition.

It is submitted on behalf of the State respondents that the said prayer of the petitioner may be allowed with a direction upon the competent authority to

consider the application of the petitioner in accordance with law.

In view of the above, the writ petition is allowed in terms of prayer (a) of the petition.

The 2nd respondent is directed to consider and dispose of the application submitted by the petitioner for grant of long term mining lease in terms of the order passed by this Court in W.P. 19165(W) of 2001 on 24th December, 2001 within one month from the date of communication of this order after giving reasonable opportunity of hearing to the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. W.P.A. 16782(W) of 2016 is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)