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2022 Supreme(Cal) 312

SUVRA GHOSH
Md. Humayun Kabir – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Milan Bhattacharjee, Adv., Mrs. Sulagna Bhattacharjee, Adv., for the Appellant; Mr. T.M. Siddique, Adv., Mr. Nilotpal Chatterjee, Adv., for the Respondent

JUDGMENT

Suvra Ghosh, J. - The petitioner has assailed the order impugned passed by the District Magistrate, Birbhum on 5th February, 2021, terminating the long term mining lease granted to the petitioner on 21st August, 2018.

2. Being the highest bidder in an e-auction floated on 27th October, 2016 for extraction of sand from the sand block in question and upon depositing one third of the bid amount, letter of intent was issued in favour of the petitioner on 25th April, 2017 and subsequently upon completion of the official paraphernalia, deed of lease was executed in favour of the petitioner in respect of the sand block on 21st August, 2017. After continuing mining operation for some time, the petitioner was verbally asked to stop operation of the sand block without any reasoned communication being made to him despite the petitioner depositing Rs. 32,29,500/- with the District Magistrate's Office. Out of transit pass/challan issued for more than 3.10 lakhs cubic feet of sand the petitioner could only utilise 0.50 lakhs cubic feet upon payment being made for the same and the remaining 2.60 lakh cubic sq.ft challan was returned to the office of the District Land and Land Reforms Offic

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