A mining lease's term commences strictly from the date of deed registration. Administrative delays in delivering possession do not trigger 'force majeure' clauses, as courts lack the authority to alter express contractual and statutory timelines for commercial agreements.

Judgment :

Hiranmay Bhattacharyya, J.

1. The petitioner has challenged the order of the Divisional Commissioner, Burdwan Division dated 31.07.2025 passed in an Appeal no. 14 of 2025 and the order of the Additional District Magistrate and District Land and Land Reforms Officer, Paschim Burdwan dated 4th February, 2025 in this writ petition and prayed for a direction upon the authorities of West Bengal Mineral Development and Trading Corporation Limited (for short “WBMDTCL”) to extend the lease period by 11 months.

2. Petitioner, a private limited company, participated in an e-auction for grant of mining lease vide Notice Inviting Tender dated 01.02.2017. Petitioner was declared as a successful bidder in respect of the sand block within mouza Birkulti JL No. 15, Plot no. 2065(P) under Police Station Jamuria in the District of Paschim Burdwan. Petitioner claims to have deposited 1/3 of the bid amount and the respondent respondents issued a Letter of Intent dated March 20, 2017 calling upon the petitioner to obtain necessary permissions and clearance for the purpose of execution and registration of the mining lease. Petitioner claims to have paid the remaining bid amount in advance and also complied with the requirements for execution and registration of the mining lease. Thereafter, a long term mining lease was executed on July 9, 2021 for a period of five years for the sand block in question and the same was registered on August 3, 2021. It is the further case of the petitioners that the possession of the sand block in question was handed over to the petitioner only on June 22, 2022. Petitioners submitted several representations before the respondent authorities requesting them to correct the “date of commencement of the lease” and the “lease period end date” in the portal of WBMDTCL by calculating the five year period from the date of delivery of possession. Alleging inaction on the part of the respondent authorities in not communicating their decision inspite of several representations made by the petitioner, a writ petition being WPA No. 29651 of 2024 was filed which was disposed of by a co-ordinate bench by an order dated January 9, 2025 by directing the 5^th respondent therein to consider the petitioner’s representation and to pass a reasoned order within the time limit stipulated in the said order after affording an opportunity of hearing.

3. Pursuant to the said order, a misc. case was registered and after conducting a hearing, the Additional District Magistrate and District Land and Land Reforms Officer, Paschim Bardhaman rejected the claim of the petitioner.

4. Being aggrieved by the said order dated 04.02.2025, petitioner preferred an appeal under Rule 51 of the West Bengal Minor Minerals Concession Rules, 2016 (for short “the 2016 Concession Rules”) before the learned Divisional Commissioner Burdwan Division. The appellate authority dismissed the appeal preferred by the petitioner by an order dated 31.07.2025.

5. The Additional District Magistrate and District Land and Land Reforms Officer, Paschim Bardhaman filed a report dated 18th December 2025 and the petitioner filed an exception to the said report.

6. Mr. Chatterjee learned advocate appearing for the petitioner contended that though the lease deed was exec