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2026 DAILYLAW 1374 (CAL)

MOLLA JAMALUDDIN v. STATE OF WEST BENGAL AND ORS.

WPA/1585/2026 · 2026-02-10

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 4 10/02/2026 Ct. No.-19 Aritra WPA 1585 of 2026 Molla Jamaluddin Vs. The State of West Bengal & Ors. Mr. Partha Sarathi Bhattacharyya, Sr. Adv. Mr. Sushanta Kumar Rakshit Mr. Khairul Alam ….for the petitioner Mr. Joydeep Banerjee Mr. Raja Ram Banerjee ….for the State Mr. Sanjay Saha Mr. Raju Mondal ….for the respondent No.6 Affidavit of service filed in Court today is taken on record. The petitioner claims that a long term mining lease for sand was granted in favour of the petitioner in respect of certain plots under Police Station-Patrasayer in the District of Bankura. The petitioner claims to have applied for the land availability report before the District Land and Land Reforms Officer, which was also handed over to the petitioner by such authority. The petitioner alleges that he had to close down the business consequent to a notification dated August 24, 2016 directing closure of all mining operations in the district of Bankura. Petitioner submitted a representation before the Additional District Magistrate dated December 2 3, 2020, requesting the said authority to consider the experts opinion and the report of EIO, so that the petitioner can start mining operations. The petitioner ventilated his grievance before the Additional District Magistrate by another letter dated June 3, 2024, requesting the authorities to pass an order so that the petitioner can start mining operations. Mr. Bhattacharyya, learned senior advocate appearing for the petitioner submits that in spite of receipt of the several representations, the authorities have not communicated their decision to the petitioner till date. The learned advocates for the corporation and the State submit that the lease was granted when the 2002 rules was in force which stood repealed with the coming into force of the 2016 Concession Rules. They further submit that subsequently the 2021 rules have also come into force. A bunch of documents signed by the Additional District Magistrate & District Land & Land Reforms Officer, Bankura dated February 6, 2026 filed in Court today by the State is taken on record. Since a representation has been submitted before the concerned authorities, ventilating certain grievances, it is the duty of such authority to communicate its decision to the petitioner. Without entering into the merits of the claim made by the petitioner in the representations dated December 3, 3 2020 and June 3, 2024, WPA 1585 of 2026 stands disposed of by directing the Additional District Magistrate and District Land & Land Reforms Officer, Bankura, being the respondent No.4, to consider the representations of the petitioner dated December 3, 2020 and June 3, 2024 and to dispose of the same by passing a reasoned order and communicate the reasoned order to the petitioner and the entire exercise shall be completed as expeditiously as possible but positively within a period of 8 weeks from the date of receipt of a server copy of this order along with the copy of the representations dated December 3, 2020 and June 3, 2024. In the event the State authorities is of the view that no relief can be granted to the petitioner on the basis of the said representations, the procedure to be followed by the petitioner shall also be indicated in the said reasoned order. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)