Disposed

Harish Chandra Bera v. State of West Bengal and Ors.

Calcutta HC15 Jul 2022WPA/8471/2022

Case brief

AI extract

What is this about?

This writ petition by a mining lease holder sought directions to compel the State authority to consider a representation for a carrying order before the lease expired. The court directed the authority to consider the representation within a specified timeframe, offering an opportunity of hearing.

What did the court decide?

The 4th respondent is directed to consider and dispose of the petitioner's representation dated 10th March, 2022, within the 25th of July, 2022, upon affording a reasonable opportunity of hearing.

Harish Chandra Bera Vs State of West Bengal and Ors. — Company and Corporate | Calcutta HC (2022)

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30 jdt.

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15.07.2022 jb.

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W.P.A. 8471 of 2022 (Harish Chandra Bera vs. State of West Bengal & Ors.)

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Mr. Saptangshu Basu Mr. Purnasis Bhuniya …. For the Petitioner

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Mr. Chandi Charan De Mr. Soumitra Bandyopadhyay Mr. Subhasis Bandyopadhyay …. For the State

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Learned counsel for the petitioner submits that copy of the writ petition has been served on the second respondent but the affidavit of service in this regard cannot be filed as learned advocate on record has met with an accident and is hospitalised.

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The petitioner was granted mining lease by the State respondents for a period of five years commencing from 1^st August, 2017. The petitioner submits that he was unable to continue with mining operation for some time in 2019 due to personal difficulties. The petitioner made several applications before the authority subsequently for issuing carrying order to extract sand upon payment of royalty as usual. Such applications were not heeded to by the authority. The petitioner

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submitted a representation in this regard before the authority on 10^th March, 2022 which is also not considered. The petitioner prays for direction upon the authority to consider the representation at the earliest in view of the fact that the mining lease agreement expires on 31^st July, 2022.

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Upon consideration of the submission made on behalf of the parties, the writ petition is disposed of directing the 4^th respondent to consider and dispose of the representation submitted by the petitioner dated 10^th March, 2022 within 25^th July, 2022 upon affording reasonable opportunity of hearing to the petitioner, in accordance with law. In the event it is found that the petitioner is entitled to the carrying order, the concerned authority should issue such carrying order in favour of the petitioner on the same date.

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W.P.A. 8471 of 2022 is thus disposed of.

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There shall be no order as to costs.

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Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

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Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

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(Suvra Ghosh, J.)

Harish Chandra Bera v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Harish Chandra Bera v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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