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Calcutta High CourtWPA/22417/2022disposed

Azad Ali v. State Of West Bengal And ORS.

2022-11-22Hon'Ble Justice Suvra Ghosh2 pages

22.11.2022 rc/ct.no.10 Item No.26 WPA No. 22417 of 2022 Mr. Subhendu Roy Choudhury Mrs. Shila Chatterjee ...for the petitioner Mr. Soumitra Bandyopadhyay Mr. P.B.Mahato ...for the State Mr. Sanjoy Saha ...for the WBMTDC Affidavit of service filed in Court today is taken on record.

The petitioner was granted long-term mining lease for a period of 5 years vide lease agreement executed on 05.07.2017 which has expired on 04.07.2022. Due to Covid-19 pandemic, the petitioner was unable to carry on mining operation for a considerable period of time and has prayed for extension of the period of lease on the said ground.

The petitioner seeks liberty to submit a comprehensive representation before the competent authority being the 3rd respondent herein ventilating his grievance and prays for a direction upon the authority to consider the said representation at the earliest. Upon consideration of the submissions made by the learned counsels appearing on behalf of the parties the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation before the 3rd respondent ventilating his grievance within 7 days from

date. The 3rd respondent is directed to consider and dispose of the representation within two months from the date of receipt thereof after affording reasonable opportunity of hearing to all interested parties including the petitioner, in accordance with law.

The decision taken by the 3rd respondent shall be communicated to the petitioner within a week thereof. With the above directions, W.P.A. 22417 of 2022 is disposed of. However, there shall 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)