Item No.5

07.08.2025 Court. No. 19 GB W.P.A. 11031 of 2025 JHM Import Export Pvt. Ltd.

Vs.

The State of West Bengal & Ors.

Mr. Robiul Islam, Mr. K.M. Hossain, Mr. Sk. Jayed Hossain, Ms. Keya Sutradhar, Mr. Kazi Ardan Ali … for the Petitioner.

Mr. Biswabrata Basu Mallick, Ld. AGP … for the State.

Mr. Sanjay Saha, Mr. Raju Mandal … for the Respondent No.9.

1. The writ petitioner, the respondent State and its instrumentalities and the respondent no.9/WBMDTCL are represented by their respective learned advocates. On behalf of the respondent State Mr. Biswabrata Basu Mallick has submitted a report as prepared by the respondent no.4 authority, which is taken on record.

2. By filing the instant writ petition the petitioner has prayed for issuance of appropriate writ/writs against the respondent authorities, more specifically against the respondent no.3 authority herein commanding him to extend the period of lease for a further term of five years less ten days as executed in favour of the writ petitioner on 17.06.2019 with a further prayer for quashing and/or setting aside the order dated 20.06.2024 as passed by the DL & LRO, Bankura as well as the orders dated 29.11.2024 and 03.12.2024 as passed by the Commissioner, Medinipur Division, that is, the respondent no.2 herein, copies of which have been annexed at page nos.133 to 138 and 150 to 155of the instant writ petition respectively.

3. At the time of hearing Mr. Islam, learned advocate for the writ petitioner submits before this Court that undisputedly a deed of lease dated 04.06.2019 was executed in favour of the writ petitioner by the respondent no.3 authority for excavation of sand from Sand Block 0121DM026 located in Plot No.1595 in Mouza – Panchpara, J.L. No.60, P.S. Patrasayer.

4. It is further submitted that on 26.11.2019 the possession of the mining site was handed over to the writ petitioner after registration of the deed of lease on 17.06.2019.

5. It is further submitted that on 04.12.2020 the respondent authorities started issuing transit challan to the writ petitioner for the purpose of transportation of sand and as a result whereof the writ petitioner could start his work of excavation of sand only from 04.12.2020, since without transit challan he cannot transport the excavated sand.

6. At this juncture attention of this Court is drawn to page no.109 of the instant writ petition being a copy of notice dated 14.12.2020 as issued by the respondent no.4 authority addressed to the writ petitioner company directing the writ petitioner company to show cause regarding alleged illegal sand mining activity.

7. It is further contended by Mr. Islam that with effect from the day of issuance of notice to show cause the mining operation of the writ petitioner was suspended by the respondent authorities.

8. Drawing attention to page no.110 of the instant writ petition, being a copy of letter dated 30.12.2020 it is submitted by Mr. Islam that under cover of the said letter dated 30.12.2020 the writ petitioner duly replied to the said show cause notice denying all the allegations as levelled against the writ petitioner.

9. It is further submitted that soon thereafter the writ petitioner time and again submitted several representations to the respondent authorities for withdrawal of the order of suspension and for allowing the writ petitioner company to initiate the work of excavation over the leased out plot, but all efforts of the writ petitioner went into vein since the respondent authorities never responded to such representations.

10. It is further submitted that finding no other alternative the writ petitioner approached a coordinate Bench of this Court by filing WPA No.7504 of 2024 which came to be disposed of on 21.05.2024 by the said coordinate Bench directing the respondent authorities to consider the comprehensive representation of the writ petitioner within a specified period.

11. It is submitted that from page nos.133 to 138 of the instant writ petition it would reveal that the respondent