Kunal Kanti Roy Basunia v. State Of West Bengal And ORS.
Form J(1) CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
Constitutional Writ Jurisdiction Appellate Side Present :
The Hon'ble Justice Bibek Chaudhuri WPA 216 of 2023 Mintu Das WPA 217 of 2023 Mithun Biswas Ms. Bedashruti Bose. Adv.
WPA 218 of 2023 Milan Mitra
WPA 219 of 2023 Dhiraj Roy Basunia : Mr.Bikramaditya Ghosh, Adv., Mr. Pretom Das, Adv.
WPA 220 of 2023 Gurudeb Roy WPA 221 of 2023 Kunal Kanti Roy Basunia Ms. Bedashruti Bose, Adv.
WPA 222 of 2023 Mahesh Kumar Jha
: Mr. Bikramaditya Ghosh, Adv., Mr. Pretom Das, Adv.
WPA 223 of 2023 Mithilesh Kumar Jha Ms. Bedashruti Bose, Adv.
WPA 224 of 2023 Purna Chandra Roy Heard & Judgment On : 31st January, 2023.
The petitioners are associated with Jalpaiguri District Sand Mining Lease Holders' Welfare Association. During the month of February, 2017 the petitioners were granted long term mining lease separately for a period of five years by the Additional District Magistrate and D.L and L.R.O, Jalpaiguri on behalf of the State of West Bengal for
Sand and Boulder Mining from Rivers within Jalpaiguri district. After the deed of lease having being executed the petitioner had applied for Environmental Clearance Certificate and such certificate was issued in the month of February, 2018.
It is also stated by the petitioners that due con Covid-19 pandemic the petitioners were unable to carry on mining operation for a considerable period of time. During lockdown period as a result of Covid-19 pandemic the petitioners have to stop all mining activities and commercial accomplishment. It is stipulated in terms of the lease deed that in case of failure to fulfill the terms of lease, by the lessee/lessees due to "Force Mejeure" the period of such delay shall be added to the period fixed of the lease deed. It was also stated in the lease deed that in such circumstances the lessee shall be paid compensation for the loss or damage sustained by them. Therefore, the petitioners have prayed for issuance of writ of mandamus directing the respondent No.3 and 5 to consider the representation dated 17th November, 2022 with further direction upon the respondents to act in terms of the respective lease deeds and thereby allowing or extending the period of lease for two years during the period of which the petitioners could not resume mining work.
It is submitted on behalf of the State respondents that the respondent No.3 be directed to consider the representation dated 17th
November, 2022 to consider the representation within stipulated period of time.
In view of the above, the write petition is disposed of directing the respondent No.3 to consider and dispose of the representation submitted by the petitioners dated 23.08.2022 within a period of two months from the date of communication of this order after affording reasonable opportunity of hearing to all the respondent including the petitioners in accordance with law.
The decision taken by respondent No.3 shall be communicated to the petitioners within a week thereafter.
Within the above directions, the instant writ petition is disposed of, however, without any costs.
Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.
The petitioners are at liberty to act on the server copy of the order. (Bibek Chaudhuri, J.)