Extracted from the PDF above. The PDF is authoritative.
S/L 10
16.01.2025 Court. No. 551
GB
WPA 24491 of 2012
Anjali Mondal Vs. The State of West Bengal & Ors. Ms. Ipsita Ghosh … for the petitioner. 1. None appears on behalf of the respondent State, though the learned advocate for the writ petitioner is present. 2. By filing the instant writ petition, the writ petitioner has prayed for issuance of an appropriate writ against the respondent authorities for renewal of the long term mining lease in her name which has been originally leased out in favour of her deceased husband, late Haradhan Mondal. 3. In course of hearing, learned advocate for the writ petitioner draws attention of this Court to the various annexures to the writ petition. 4. It is argued that during the lifetime of the husband of the writ petitioner, the said husband of the writ petitioner, that is, Haradhan Mondal also approached the respondent authorities for transferring the long term mining lease as stood in his name, in the name of the writ petitioner on account of his severe illness. It is further argued that simultaneously the writ petitioner also submitted application for renewal of the lease in favour of the writ petitioner which stood in the name of her deceased husband. However, the same was not adhered to. 2
5. Such being the position, this Court while disposing the writ petition, directs the respondent no.2, that is, the District Magistrate, Murshidabad to treat the instant writ petition as a representation of the writ petitioner and the said District Magistrate is further directed to dispose of the representation of the writ petitioner in accordance with law after giving opportunity of hearing to the writ petitioner by passing a reasoned order. 6. It is made clear that the entire exercise as indicated in the foregoing paragraph is to be completed within a period of two months from the date of communication of this order. The District Magistrate, Murshidabad is further directed to communicate the reasoned order to the writ petitioner forthwith, preferably by mail, if the mail detail of the writ petitioner is furnished at the time of hearing. 7. The District Magistrate, Murshidabad is directed to act on the server copy of this order. 8. Liberty to communicate. 9.
Before parting with, it is, however, made clear that this Court has not gone into the merits of the instant case and thus, the District Magistrate, Murshidabad is directed to dispose of the said writ petition without being influenced by any of the observations made hereinabove. 10. With the aforementioned observations, the instant writ petition is disposed of. 3
11. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen, J.)