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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Utpalendu Baksi – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. This Court has heard learned Advocate for the writ petitioner, learned Advocate appearing for the respondents/State and its functionaries and learned Advocate for the added respondent no. 8 at length.
2. The subject matter of challenge in the instant writ petition is the order dated 19.09.2023 as passed by the respondent no. 6/authority whereby and whereunder the writ petitioner’s representation for extension of the period of lease was not considered favourably.
3. From the materials as placed before this Court it reveals that admittedly the writ petitioner was the highest bidder in respect of sand block code no. 0108DR038 and on compliance of all the formalities by the writ petitioner a deed of lease was executed in favour of the writ petitioner for excavation of sand from the said sand block.
4. On the basis of allegation of illegal sand mining activities on the part of the writ petitioner the respondent no. 5/authority by his memo dated 07.03.2022 issued a suspension order against the writ petitioner from carrying on mining activity including transportation of sand and by the self-same memo the writ petitioner was directed to show-cause as to why
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.
The court established that mining authorities must act on compliance and show cause responses, ensuring statutory obligations are met regarding unlawful mineral excavation.
The court cannot compel lease extensions in the absence of statutory provisions, affirming that obligations caused by judicial orders do not provide grounds for renewal requests outside established l....
Judicial orders must be respected and implemented promptly by authorities, without dependency on petitioner actions, to uphold court dignity.
The court affirmed that while statutory rules may not provide for lease extensions, equity requires recognition of circumstances where operations were unjustifiably halted, allowing for such extensio....
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