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2018 Supreme(Cal) 320

RAJASEKHAR MANTHA
Arun Kataruka – Appellant
Versus
Secretary, W. B. Commerce & Industries Dept. – Respondent


Advocates Appeared:
For the Petitioners: Mr. Utpal Majumdar, Mr. Aniruddha Sinha, Mr. Abhishek Banerjee.
For the Respondent: Mr. Billwadal Bhattacharya.

JUDGMENT :

Rajasekhar Mantha, J.

1. The writ petitioner challenges an order dated 20th October 2016 by which his application for renewal of Lease for mining of Blackstone was rejected by the Respondent No. 1.

2. The facts of the case are that on the 29th of May 2007 the petitioner was granted a Lease for mining Blackstone, in about 1.39 Acres of land at Mouza-Kadampur, under Barabazar Police Station, in the District of Purulia in West Bengal.

3. The said Lease was initially for 5 years with an option for renewal for a further period of 5 years. The petitioner accordingly commenced mining operations.

4. On 18th October 2011, the petitioner applied for renewal of the Lease. On the 25th of April 2013 the State asked the petitioner to obtain an Environmental Clearance (EC) from the concerned authorities. The said EC was submitted by the petitioner on the 12th of June 2015.

5. Upon failure of the State to decide the application for renewal the writ petitioner filed W.P. No. 666 (W) of 2016. The said Writ Petition was disposed of by a Coordinate Bench of this Court on the 9th of February 2016 directing the authorities to take a decision on the petitioner’s application for renewal.

6. Pursuant t



















































































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