BHANU PRATAP SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant revision petition is filed under Sec. 482 read with Sec. 397 of the Code of Criminal Procedure, 1973 for quashing the First Information Report No. 453 of 2021 dtd. 26/10/2021 in connection with Chinsurah Police Station Case No. 453 of 2021 against one Bhanu Pratap Singh, under Sec. 379 of the Indian Penal Code read with Sec. 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and the proceeding initiated thereunder being G.R. Case No. 2396 of 2021 pending before the Learned Chief Judicial Magistrate, Hooghly.

(2.) The petitioner, Bhanu Pratap Singh, is the owner of the brickfields being M/s. Keota Brickfield having Unit 1 and 2 situated at Mouza- Keota, J.L. No. 07, Plot Nos. 8782, 8629, 8633, 8582 and 8538; Police Station-Chinsurah, District-Hooghly. This brickfield has been operating from 1960 having two units. The District Mining Authority of Hooghlytreated the petitioner's brickfield as authorized and regularized and accepted royalty on brick earth which is a demand under Mines and Minerals (Development and Regulation) Act, 1957. By such long operation of brickfield on the concerned plots, the said plots have already been converted into mines and the business of the petitioner is governed under the said Act of 1957.

(3.) In respect of the plot in question, the petitioner's predecessor in interest obtained the same from the Government of West Bengal under a valid lease initially for a period of 30 years in the year 1960. In the said lease although there was a renewal clause, in the year 1990 the State authorities initially refused to renew the same for which the petitioner's father filed Title Suit No.51 of 2003 in the Court of the Learned Civil Judge (Junior Division) AdditionalCourt, Hooghly and pursuant to the Judgment and decree passed in the said suit, the State of West Bengal granted renewal of the lease in the year 2007 for a further period of 30 years till the year 2037.