SANJOY KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner submits that a mining lease for sand was granted in his favour in May 2014 by the Commerce and Industries Department, Government of West Bengal, for a period of five years. However, the writ petitioner claims that he lost the original lease deed in the month of September 2014 and lodged a General Diary with the Burdwan Police Station on 17th September, 2014.

(2.) The immediate grievance of the writ petitioner is that in spite of repeated representations, the respondents have still not executed a fresh lease deed in respect of the lease in question. As a result, it is contended that the petitioner is being prevented from carrying out mining activities in the land that has been allotted to the petitioner. Having heard the learned counsel for the parties I am of the view that the following order will sub -serve the ends of justice.

(3.) The Joint Secretary, Commerce and Industries Department, Mines Branch, Government of West Bengal, shall consider the representation of the writ petitioner appearing at page 44 of the writ petition and will dispose of the same by a reasoned order after giving an opportunity of hearing to the writ petition within a fortnight from the date of communication of this order. In the event the Joint Secretary finds that the writ petition is a bona fide lessee in respect of the land in question, it is expected that expeditious steps would be taken to execute an original lease deed in his favour. In the mean time, the writ petitioner may approach the authorities for permission to extract sand from the land in question upon payment of royalty and other charges and the authorities shall take appropriate decision in the matter. No useful purpose will be served by keeping this writ petition pending. Since no affidavit -in - opposition has been called for, the allegations contained in the writ petition are deemed not to be admitted. WP 9806(w) of 2016 is thus disposed of. There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.