Administrative authorities must apply the principle of equality under Article 14, ensuring consistent and fair treatment, particularly in cases of similar circumstances and rights related to government leases.

JUDGMENT :

Bibhas Ranjan De, J.

1. This writ petition assailed the order No. 509 dated 02.02.2023 with following substantive prayers :

“(a) A Writ of and/or Order and/or direction in the nature of Mandamus thereby setting aside and quashing illegal and arbitrary Order No. 509 dated 02.02.2023 passed by the Deputy Commissioner, North and Middle Andamans, North and Middle Andamans, thereby rejecting the prayer of the petitioner for permission to operate the quarry allotted to him, in contradistinction with treatment of identically situated persons vide reference number 46-56/ DC (N&MA)/ QP/Vol.II /2020/1155 dated 11.05.2021 issued by the Assistant Commissioner (HQ), North and Middle Andamans thereby communicating extension of the lease deed of the said Naresh Halder, and directing the respondent authorities to act fairly in accordance with law by issuing similar Orders in favour of the petitioner;

(b) A Writ of and/or Order and/or Direction in the nature of Mandamus identical to that issued in favour of the Naresh Halder, in the matter of W.P.No. 17 of 2021 by Order dated 24.02.2021 passed by this Hon’ble Court, thereby inter alia directing the respondents to obtain final report from the Department of Mining, IIT Kharagpur to ascertain the amount of extractable minor minerals and to permit the petitioner to extract the much of minor minerals at his allocated Block through extension of the earlier lease, and to re-pay the additional amounts of payment along with interest of 12% per annum to the petitioner in respect of the amount of minor minerals that he would not be allowed to extract;

(c) A Writ of and/or Order and/or Direction in the nature of Certiorari calling on the respondents and each one of them to certify and remit the records of the case to this Hon’ble Court such that conscionable justice may be done to the case;

(d) Pass Appropriate Directions(s)/Order(s);

(e) Issue Rule Nisi in terms of Prayers (a), and (b) hereinabove;

(f) Pass an Interim Order in terms of prayer (a) and (b) above thereby inter alia directing the Administration to immediately remove the block allotted and leased to the petitioner from the general pool of blocks being put up for re-auction, so as to ensure that the same is not encumbered or allotted afresh, thereby defeating the purpose of the petitioner’s prayers and fair treatment on par with Naresh Halder;

(g) Pass an Interim Order in terms of prayer (a) and (b) above thereby inter alia directing the Administration to immediately permit the petitioner to operate the quarry on a temporary basis on accordance with the lease agreement earlier made by and between the petitioner and the Administration, for use of the specifically allotted block in the 2019 tender process in the interests of fairness;

(h) Pass ad-interim Order(s) in terms of the above interim Orders;

(i) Make the Rule absolute if no cause or insufficient cause is shown.

(j) Pass suitable Order(s) as to Costs, including legal expenses;

(k) Pass such other and/or further order or orders, and/or direction or directions as may seem fit and proper.”

2. By this writ application petitioner claims for setting aside of the order impugned along with a direction upon Administration to remove the block allotted and leased to the petitioner from the general pool of blocks being put for re-auction.

3. According to petitioner’s case that the petitioner along with others including one Naresh Halder had participated in the e-auction of quarries for Minor Minerals in the North and Middle Andaman District in 2019. Petitioner being successful bidder, was allotted Block H, Harinagar village, Maybunder Tehsil fo