Ambey Abasan Private Limited v. State Of West Bengal And ORS.

M/L 146 31.07.2025 Court. No. 19 Suvayan WPA 28941 of 2024 Ambey Abasan Private Limited Vs.

The State of West Bengal & Ors.

Mr. Somnath Roychowdhury Ms. Arpita Chowdhury ...for the petitioner.

Mr. Chandi Charan De, AGP Mr. Anirban Sarkar ...for the State.

Mr. Sanjay Saha Mr. Raju Mondal ...for the respondent no. 3.

1. The parties are represented by their respective Counsels.

2. The subject matter of challenge in the instant writ petition is the alleged display of wrong 'lease period end date' that is 02.08.2026 in the portal of the respondent no. 3/authority bearing Portal ID - 2016/SB in respect of Sand Block:

Jamuria/Semalya/2780(P) (pertains to Auction ID: 2017 DMBUW 627), Mouza - Semalya, Plot no. 2780 (P), J.L. no. 66, Police Station - Pandabeswar, District - Paschim Bardhaman, West Bengal.

3. At the time of hearing learned Advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page no. 27 of the instant writ petition being a copy of the deed of lease dated 09.07.2021 as executed in favour of the writ petitioner by the Government of West Bengal which was registered on 03.08.2021.

4. It is submitted on behalf of the writ petitioner that the term of said lease is for five years from the date of registration. It is further submitted that such lease deed was granted to the writ petitioner for extraction and/or excavation of sand from the river bed particulars of which has been mentioned in paragraph no. 3 of the instant writ petition.

5. At this juncture, learned Advocate appearing on behalf of the writ petitioner draws attention of this Court to page no. 92 of the instant writ petition being a copy of the possession certificate dated 24.01.2023. It is submitted on behalf of the writ petitioner that though the said deed of lease was registered on 03.08.2021, however, the possession of the sand block was handed over to the representative of the writ petitioner on 24.01.2023. Drawing attention to page no. 93 of the instant writ petition, it is further submitted that in the portal of the respondent no. 3/authority the end date of the lease period has been uploaded as 02.08.2026 which has been calculated from the date of registration, however, the same should be from the date of delivery of possession of the sand block.

6. Mr. Saha, learned Advocate appearing on behalf of the respondent no. 3 submits that on the basis of intimation as received from the respondents/State and its instrumentalities such entry was made.

7. Mr. De, learned AGP appearing on behalf of the respondents/State and its instrumentalities contended that liberty may be given to the writ petitioner to

submit a comprehensive representation with the respondent no. 4/authority and the respondent no. 4/authority may be directed to take appropriate decision in this regard.

8. In his reply learned Advocate for the writ petitioner draws attention of this Court to page no. 101 of the instant writ petition being a copy of the letter dated 07.08.2024 as written by the writ petitioner to the respondent no. 4 requesting him to make necessary correction in the said portal as maintained in the respondent no. 3.

9. In view of such, this Court while disposing the instant writ petition directs the respondent no. 4/authority to consider the letter dated 07.08.2024 as a representation of the writ petitioner and after giving due chance of hearing to the authorized representative of the writ petitioner he shall pass a reasoned order and shall forthwith communicate to the same to the writ petitioner preferably by mail, if the mail details of the writ petitioner is provided to him at the time of haring.

10. The entire exercise as indicated hereinabove is to be completed by the respondent no. 4/authority positively within working days from the date of communication of the server copy of this order.

11. The time limit as fixed by this Court is mandatory and peremptory.

12. Before parting with, this Court further directs the respondent no. 4/authority to give adherence to the

judgment and order dated 17.12.2021 as passed by a coordinate Bench in WPA 14848 of 2021 while dealing with similar issue.

13. It is further made clear that in the event while passing the reasoned order the respondent no. 4 finds sufficient merit in the representation of the writ petitioner as submitted on 07.08.2024, he shall forthwith take up the matter with the respondent no. 3/authority for making necessary correction of the display of 'lease deed end date' in the aforementioned portal.

14. Liberty is given to the learned Advocate-on-Record for the writ petitioner to communicate the server copy of this order to the respondent no. 4/authority.

15. The respondent no. 4/authority is directed to act on the server copy of this order.

16. With the aforementioned observation, the instant writ petition being WPA 28941 of 2024 is disposed of.

17. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.)