Supirun Khatun v. State Of West Bengal And ORS.

January 03, 2023 ARDR (29) WPA 28449 of 2022 Supirun Khatun Vs.

The State of West Bengal & Ors.

Adv. Moniruzzaman, ...for the petitioner.

Adv. Chandi Charan De, Adv. Reshmi Rahaman, ...for the State.

Affidavit of service filed by the petitioner is taken on record.

The grievance of the petitioner is that despite applying for short term mining licence and depositing the requisite fees and royalty before the concerned authority on 20th October, 2022, such mining licence has not been granted to the petitioner till date. The application submitted by the petitioner is also pending before the authority. The petitioner prays for a direction upon the authority to consider the application at the earliest and execute the mining licence in favour of the petitioner in terms of Rules 43 and 44 of the West Bengal Minor Minerals Concessions Rules, 2016 read with the amended rules being Rule 11 of the West Bengal Sand (Mining, Transportation, Storage and Sale) Rules, 2021. It is submitted on behalf of the respondents that the 6th respondent be directed to consider the application in accordance with law.

In view of the above, the writ petition being WPA 28449 of 2022 is disposed of directing the 6th respondent to consider and dispose of the application submitted by the petitioner dated 20th October, 2022 within one month from the date of communication of this order 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.)