DINABANDHU DAS BAIRAGYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner has prayed for setting aside the order dated September, 12, 2025 passed by the Divisional Commissioner, Paschim Medinipur and for a direction upon the respondent authorities for grant of the Long Term Mining Lease to the petitioner in terms of the application dated March 5, 2013.

(2.) The petitioner claims to have submitted applications on March 5, 2013 for grant of a Long Term Mining Lease for sand over Mouzas Deulpara, Tashuli and Khapara. The said applications were rejected by the Additional District Magistrate and the District Land and Land Reforms Officer being the fourth respondent by an order vide memo dtd. 8/5/2013. Petitioner claims that on November 10, 2020 he came to learn that Long Term Mining Lease had been issued in favour of the private respondent and immediately thereafter petitioner submitted a representation dated January 05, 2021 before the concerned District Magistrate.

(3.) Alleging inaction on the part of the respondent authorities' in not considering the prayer of the petitioner for grant of Long Term Mining Lease, petitioner filed a writ petition being WPA 15114 of 2021 inter alia praying for cancellation of the mining lease granted in favour of the private respondent. Pursuant to an order dated February 18, 2022 passed in WPA 15114 of 2021, the concerned District Magistrate passed an order dtd. 21/4/2022 thereby rejecting the prayer of the petitioners contained in the representation dated January 5, 2021. Petitioner challenged the order of the District Magistrate dtd. 21/4/2022 before the Divisional Commissioner Medinipur Division which was registered as Appeal Case no. 25 of 2024. The said appeal was dismissed by the Divisional Commissioner by an order dated 12th of September, 2025.