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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Todi Minerals Private Limited – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. common judgments for similar facts and issues. (Para 1 , 2) |
| 2. challenge to mining lease renewal based on a contested memo. (Para 3 , 5 , 6) |
| 3. renewal of lease requests should consider statutory conditions. (Para 4 , 7) |
| 4. claims surrounding due process and statutory requirements. (Para 8 , 9) |
| 5. proper construction of rules is necessary for lease management. (Para 10 , 22) |
| 6. opposition to the petitioner's claims reflected in the government's defense. (Para 11 , 12 , 15) |
| 7. authority's decisions must adhere to procedural propriety. (Para 14) |
| 8. court's directive for reconsideration of the renewal application. (Para 24 , 25) |
| 9. the court's ruling on lease renewal is to be respected. (Para 29 , 31) |
JUDGMENT :
PARTHA SARATHI SEN, J.
1. Since identical questions of facts and laws are involved in the instant two petitions, this court proposes to dispose of two instant writ petitions by a common judgment.
2. In both the writ petitions, the writ petitioner and the respondent State are represented by their respective learned advocates.
3. The subject matter of challenge in the instant two writ petitions is the Memo dated 05.05.2025 as issued by the respondent no.3/authority whereby
Administrative authority must follow procedural fairness and apply statutory rules accurately when determining license renewals.
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 affirmed the authority's discretionary power to deny renewal of a mining lease based on lessee's violations under the Granite Conservation and Development Rules, emphasizing lawful discreti....
The renewal clause in a mining lease deed provides a vested right to renewal, independent of the rules' repeal, and the doctrine of frustration is not applicable to concluded transfers.
Once the terms and conditions of a lease are accepted, the party cannot challenge them. The application of statutory provisions, such as Rule 9(1) of the JMMC Rules, must be adhered to in determining....
A Letter of Intent constitutes a binding contract, and subsequent amendments to renewal rules do not retroactively affect rights accrued prior to the amendment.
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