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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Dinabandhu Das Bairagya – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Hiranmay Bhattacharyya, J.
1. Petitioner has prayed for setting aside the order dated September, 12, 2025 passed by the Divisional Commissioner, Paschim Medinipur and for a direction upon the respondent authorities for grant of the Long Term Mining Lease to the petitioner in terms of the application dated March 5, 2013.
2. The petitioner claims to have submitted applications on March 5, 2013 for grant of a Long Term Mining Lease for sand over Mouzas Deulpara, Tashuli and Khapara. The said applications were rejected by the Additional District Magistrate and the District Land and Land Reforms Officer being the fourth respondent by an order vide memo dated 08.05.2013. Petitioner claims that on November 10, 2020 he came to learn that Long Term Mining Lease had been issued in favour of the private respondent and immediately thereafter petitioner submitted a representation dated January 05, 2021 before the concerned District Magistrate.
3. Alleging inaction on the part of the respondent authorities’ in not considering the prayer of the petitioner for grant of Long Term Mining Lease, petitioner filed a writ petition being WPA 15114 of 2021 inter alia praying for cancellation of the
The court held that the appellant's application became ineligible under Rule-61 of the 2016 Rules, and the appellant had no vested right to obtain a mining lease under the old Rules of 2002.
The main legal point established in the judgment is that the exceptional circumstances for granting short term mining licence (STML) under the West Bengal Minor Minerals Concession Rules, 2016 must b....
Action taken by the authorities on an application for renewal of mining lease before and after the commencement of the West Bengal Minor Minerals Concession Rules, 2016, is saved from the restriction....
The issuance of a mining lease without affording adequate opportunity for a hearing violates principles of natural justice.
The cancellation of the mining lease was found to be in accordance with the statutory provision of Rule 25(5) of the Orissa Minor Mineral Concession Rules, 2004.
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