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2024 Supreme(Cal) 1652

IN THE HIGH COURT AT CALCUTTA [CIRCUIT BENCH AT PORT BLAIR]
ARIJIT BANERJEE, SUGATO MAJUMDAR
Andaman & Nicobar Administration – Appellant
Versus
M.S. Raja – Respondent


Advocates Appeared:
For the Appellants : Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi
For the Respondents: Mr. D.C. Kabir

Judgment :

Sugato Majumdar, J.

The instant writ appeal is filed by the Andaman & Nicobar Administration, the appellants herein, being aggrieved by the judgment dated 22/04/2024 passed by the Learned Single Bench in WPA/479/2023. Before discussions, it is necessary to look into the factual background of the case:

i. A notification was published on 31/10/2019 by the then Deputy Commissioner of North & Middle Andaman District for issuance of quarry plan and site, in the Tehsil of Diglipur and Mayabunder. E-auction notice was issued on 04/11/2019 by the said Deputy Commissioner for extraction of minor minerals at various villages in district of North & Middle Andaman. The respondent participated in the e-auction process for the particular block of quarries at Block H, village Harinagar, tehsil Mayabunder comprising an area of 0.25 hector. The respondent made deposit of money as required. A letter was issued in this regard on 06/02/2020; a lease deed bearing No. 07 of 2020 dated 12/02/2020 was also executed. Quantity of quarry materials to be extracted was 12000 CBM (cubic meters). The respondent deposited earnest money and performance guarantee. The respondent had also to submit royalty a

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