Disposed¶6

Anubha Poria v. State of West Bengal and Anr.

Calcutta HC10 Apr 2025WPA/5313/2025

Case brief

AI extract

What is this about?

Sand mining block MDASB-11; e-auction Auction Id 2019_WB_1346; bid deposit Rs.3,54,800 on 25.03.2019; LOI extension request dated 17.08.2021; environmental clearance; reasoned order within 30 working days; respondent no.2 ADM & DL&LRO Paschim Medinipur; writ petition disposed; Partha Sarathi Sen, J.; WPA 5313 of 2025; decision date April 10, 2025.

What did the court decide?

Writ petition disposed of with directions: respondent no.2 to consider the representation dated 17.08.2021 after opportunity of hearing and dispose of it by a reasoned order within 30 working days of receipt of the server copy; reasoned order to be communicated preferably by email; liberty to petitioner to communicate the server copy to respondent no.2. ¶6

Anubha Poria Vs State of West Bengal and Anr. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent no.2 ought to consider and dispose of the writ petitioner's representation dated 17.08.2021 seeking extension of the letter of intent (LOI) for obtaining environmental clearance, by passing a reasoned order.

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Court's answer

Disposing of the writ petition, this court directed respondent no.2 (Additional District Magistrate & District Land and Land Reforms Officer, Paschim Medinipur) to consider the writ petitioner's representation dated 17.08.2021 after giving opportunity of hearing and to dispose of the same by passing a reasoned order within 30 working days from receipt of the server copy of the order.

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Ratio / Principle

Respondent no.2 is to communicate the reasoned order to the writ petitioner preferably by email if email details are provided at the time of hearing; liberty is given to the writ petitioner to communicate the server copy of the order to respondent no.2.

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Detailed headnote1 paragraphs

WPA 5313 of 2025 (decided April 10, 2025): Anubha Poria vs. The State of West Bengal and another, before Partha Sarathi Sen, J. The petitioner had participated in the e-auction for Sand Mining Block MDASB-11 (Auction Id: 2019_WB_1346), deposited the full bid amount of Rs.3,54,800/- on 25.03.2019, and by letter dated 17.08.2021 sought extension of the letter of intent (LOI) for obtaining environmental clearance. The court did not adjudicate the merits; it disposed of the writ petition by directing respondent no.2, the Additional District Magistrate & District Land and Land Reforms Officer, Paschim Medinipur, to consider the representation dated 17.08.2021 after giving the petitioner an opportunity of hearing and to dispose of it by passing a reasoned order within 30 working days from receipt of the server copy of the order, the order to be communicated preferably by email.

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April 10, 2025 Sl. No.18 Court No.19 s.biswas

WPA 5313 of 2025

Anubha Poria

vs.

The State of West Bengal and another

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Mr. Asit Kr. Bhattacharya

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… for the petitioner

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Mr. Chandi Charan De, AGP Mr. Anirban Sarkar

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... for the State

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The affidavit of service as filed on behalf of the petitioner is taken on record.

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On perusal of the entire papers placed before this court, it reveals that it is the case of the writ petitioner that under cover of Memo dated 06.03.2019 the respondent no.2 authority communicated the writ petitioner that notice for inviting e-auction for the Sand Mining Block being MDASB-11 with Auction Id:2019_WB_1346 has been published on 30.01.2019.

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Mr. Bhattacharya, learned counsel for the petitioner, at this juncture draws attention of this court to page no.10 of the instant writ petition. It is submitted that the writ petitioner on 25.03.2019 deposited a sum of Rs.3,54,800/towards full bid amount and the same was duly communicated to the respondent no.2 authority. It is submitted by Mr. Bhattacharya that on 17.08.2021 the writ petitioner wrote a letter to the respondent no.2 authority for grant of extension

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of letter of intent (LOI, in short) for obtaining environmental clearance.

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On careful consideration of the entire materials as placed before this court and after hearing the learned counsel for the writ petitioner and the learned counsel for the respondent State, this court while disposing of the instant writ petition, directs the respondent no.2 i.e. the Additional District Magistrate & the District Land and Land Reforms Officer, Paschim Medinipur, to consider the representation of the writ petitioner being letter dated 17.08.2021 after giving opportunity of hearing to the writ petitioner and dispose of the same by passing a reasoned order within a period of 30 working days from the date receipt of the server copy of the instant order.

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It is further ordered that the respondent no.2 shall communicate his reasoned order to the writ petitioner preferably by email, if email details is provided at the time of hearing by the writ petitioner. Liberty is given to the writ petitioner to communicate the server copy of the order to the respondent no.2.

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With the aforementioned observation, the instant writ petition is disposed of.

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All the parties shall act on the basis of the server copy of the order.

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(Partha Sarathi Sen, J.)

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Anubha Poria v. State of West Bengal and Anr.

Case brief

What is this about?

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Anubha Poria v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

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What the court decided

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