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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Naj Trading Company represented by Munshi Md. Hasanuzzaman – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. representation of parties for legal proceedings. (Para 1 , 2 , 3) |
| 2. initial guidelines on mining lease execution and interruption. (Para 4 , 5 , 6 , 7 , 8) |
| 3. legal obligations regarding unlawful mining activities. (Para 9 , 10 , 11 , 12 , 14) |
| 4. authority's duty to comply with mining rules. (Para 15 , 16 , 18) |
| 5. court's directive to the authority for resolution. (Para 22 , 23 , 24 , 25 , 26) |
JUDGMENT :
PARTHA SARATHI SEN, J.
1. The parties are represented by their respective learned advocates. On behalf of the respondent State a report dated 10.07.2025 as prepared by the respondent no.4 is submitted and the same is taken on record.
2. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent authorities; more specifically against the respondent no.3/authority, to grant extension of mining lease dated 08.05.2018 for a further period of 881 days in respect of Sand Block No.0121DM004, located in Plot No.1, lying in mouza Deulpara, J.L. No.2, P.S.-Patrasayer, District-Bankura over an area of 10.74 acres in the reiverbed of Damodar upon withdrawal of the suspension order dated 10.12.2020.
3. At the time
The court established that mining authorities must act on compliance and show cause responses, ensuring statutory obligations are met regarding unlawful mineral excavation.
Mining authorities cannot refuse lease extensions based on policy when statutory provisions support such extension, especially if the delay was not the lessee’s fault.
Writ petition dismissed as application for renewal of mining lease was properly denied under relevant legislative rules due to lack of actionable provisions.
The court emphasized the importance of considering extenuating circumstances, such as the petitioner's medical condition, and held that arbitrary decisions without due consideration are not permissib....
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