Supravat Rakshit v. State Of West Bengal And ORS.

January 17, 2023 ARDR (68) WPA 25707 of 2022 Supravat Rakshit Vs.

The State of West Bengal & Ors.

Adv. Susanta Kumar Rakshit, ...for the petitioner.

Adv. Soumitra Bandyopadhyay, Adv. Priyabrata Batabyal, ...for the State.

Heard learned counsels for the parties.

It is contended on behalf of the petitioner that being the highest bidder in an e-auction floated by the respondents, long term mining lease was granted to the petitioner vide deed of lease executed on 4th April, 2018. On 12th March, 2020, the District Magistrate, Bankura issued an order against the petitioner alleging illegal sand mining activities being carried out by the petitioner outside the location of the leasehold area allotted in his favour. The petitioner submitted a reply to the said notice/order on 16th March, 2020. But no further communication has been made by the concerned authority to him.

It is submitted on behalf of the petitioner that no illegal activity has been undertaken by the petitioner and the notice impugned is bereft of any reasoning whatsoever. It is submitted on behalf of the State respondents that the petitioner may submit a comprehensive representation ventilating his grievance before the

concerned authority who shall deal with it in accordance with law.

In view of the above, the writ petition being WPA 25707 of 2022 is disposed of with liberty to the petitioner to submit a comprehensive representation before the 4th respondent within seven days from date. The 4th respondent is directed to consider and dispose of the representation within one month from the date of receipt thereof upon affording reasonable opportunity of hearing to all the interested persons including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. There shall however, be no order as to costs. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)