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 amounts towards 12000 CBM of stones.

ii. There were other persons who were successful bidders in respect of some other plots including one Naresh Halder. He became successful bidder for quarry in Block – B Suevey No.49/P comprising an area of .25 hector at Madhupur village, Diglipur.

iii. A survey was made by Indian Institute of Technology, Kharagpur and a report was submitted dated 21/02/2020 wherein it was stated that the sites in question would allow only 5950 CBM stones to be extracted instead of 12000 CBM. E-auction notice and the lease deeds were for extraction of 12000 CMB quarry materials.

iv. Covid-19 hit the Islands from the month of March, 2020 and impeded progress of quarry works; transit pass could not be issued disabling the respondent to carry out quarry works.

v. The respondent, in this situation, made a representation dated 09/06/2020 to the then Chief Secretary, Andaman & Nicobar administration to permit him to quarry and extract 5950 CBM quarry materials and refund the excess amount of deposit since earlier deposit was made on the basis of extractable quantity of 12000 CBM. Since no response was made, the respondent approached this Court by filling a writ petition. In the said Writ Petition No.141 of 2020, an order was passed on 21/10/2020 by Harish Tandon, J directing the Deputy Commissioner, North & Middle Andaman to consider the representation of the respondent within six weeks from the date of communication of the order.

vi. In the meanwhile, another bidder Naresh Halder, as aforesaid, preferred another writ petition in this court being WP No. 017 of 2021, faced with the similar situation. This writ petition was disposed of in terms of the order dated 24/02/2021 with direction to the respondents therein to obtain the final report from the Dept. of Mining, IIT, Khargpur to ascertain the amount extractable minor minerals and to permit the said petitioner, Naresh Halder to extract that much of minor minerals from the respective site. It was further directed to complete the process within eight weeks.

vii. It is the case of the respondent that although necessary order was passed in WP No.141 of 2020, filed by the respondent no action was taken on behalf of the administration, the appellants herein. At the same time, order dated 24/02/2021, passed in WP No.17 of 2021, filed by the said Naresh Halder, was immediately followed and executed. Acting on the order dated 24/02/2021, passed in WP No.17 of 2021, the Asst. Commissioner (HQ), North & Middle Andaman issued an order dated 11/05/2021 extending the lease of the said Naresh Halder in respect of Block-B, Madhupur site for a period of one year with immediate effect. But the respondent’s prayer, contained in the letter dated 09/06/2020 was kept pending and unanswered.

viii. However, the respo