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Calcutta High CourtWPA/27172/2022disposed

Radharaman Constructions And Marketing Private Limited And Another v. State Of West Bengal And ORS.

2023-01-04Hon'Ble Justice Suvra Ghosh2 pages

jdt.

04.01.2023 jb.

W.P.A. 27172 2022 (Radharaman Constructions and Marketing Private Limited and Another vs. State of West Bengal & Ors.) Mr. Asoke Kr. Banerjee Mr. Arijit Dey .... For the Petitioners Mr. Chandi Charan De Mr. Anirban Sarkar .... For the State Mr. Sanjay Saha Mr. Subhasish Bhattacharya .... For the WBMDTC Limited Affidavit of service filed on behalf of the petitioners is taken on record.

Heard learned counsels for the parties.

Pursuant to the order passed by this Court on 19th September, 2022 in WPA 21186 of 2022 the representation submitted by the petitioners was taken up for consideration by the District Magistrate, Bankura who, vide Memo No. 1287(2)/MM/LR/22 dated 18th November, 2022, forwarded the same to the Assistant Secretary to the Government of West Bengal, Department of Industry, Commerce & Enterprises, Mines Branch for sympathetic consideration of the representation since according to the District Magistrate, he was not in a position to extend the lease period in view of the new Sand Mining Policy of 2021.

Since the matter is pending before the Assistant Secretary to the Government of West Bengal, Department of Industry, Commerce & Enterprises, Mines Branch being the 2nd respondent herein, the 2nd respondent is directed to consider and dispose of the representation within two weeks from the date of communication of this order in the light of the observations made by this Court in the order passed on 19th September, 2022 in WPA 21186 of upon affording reasonable opportunity of hearing to the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof.

The writ petition 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.)