16.07.2026 Item No.21 Ct. No. 19 RP WPA/21631/2023 Md. Amar Khan VS STATE OF WEST BENGAL AND ORS. Mr. Pallav Chatterjee Mr. Monojit Chakraborti …For Petitioner Mr. Nilanjan Bhattacharjee, Ld. SC Ms. Jayita Dhar Chakraborty Mr. Saikat Dey …For State Mr. Sanjay Saha Mr. Raju Mondal … For Respondent No.2 1. The writ petitioner, the respondent/State and the respondent corporation are represented by their respective counsel. 2. At the time of hearing it is submitted by Mr. Chatterjee, learned advocate appearing for the writ petitioner that it is the specific case of the writ petitioner that though a sand mining lease was executed in favour of the writ petitioner on 19th March, 2019, however, possession of the leased out sand block was handed over to him on 28.02.2019. It is submitted that thereafter on account of Covid- 19 pandemic lockdown took place worldwide and as a result whereof the writ petitioner could not excavate sand from the leased out sand block. It is submitted further that in the 2 said registered deed of lease there is a clause “Force Majure” which deals with the situation which is beyond the control of the lessee wherein the lessor is duty bound to extend the period of lease for the period of lease could not excavate sand. 3. Drawing attention to page nos.39-40 of the instant writ petition, being a copy of the representation dated 14.06.2023, as submitted with the respondent no.3 authority the writ petitioner requested the said respondent no.3 to extend the period of mining lease on account of “Force Majure”. However, the same has not yet been considered favourably. It is, thus, submitted that appropriate writ or writs may be issued commanding the respondent no.3 to consider the representation dated 14.06.2023 in accordance with law. 4. Ms. Dhar Chakraborty, learned advocate appearing for the respondent/State and Mr. Mondal, learned advocate appearing on behalf of the respondent/corporation in their usual fairness submit before this Court that the respondent no.3 may be directed to consider the representation in accordance with law. 3 5. In view of such, this Court while disposing the instant writ petition directs the respondent no.3 authority to consider the representation dated 14.06.2023 as submitted by the writ petitioner in accordance with law and after giving an opportunity of hearing shall pass a reasoned order and shall forthwith communicate the same to the writ petitioner. 6. The entire exercise as indicated in the foregoing paragraph is to be completed within thirty (30) working days from the date of communication of the server copy of today’s order. 7. Liberty is given to the learned advocate-on- record of the petitioner to communicate the server copy of today’s order to the respondent no.3, who is directed to act on the server copy of this order. 8. It is further made clear that while disposing the instant writ petition this Court has not gone into the merits of the representation dated 14.06.2023 and, thus, all points are kept open for adjudication by the respondent no.3 authority. 9. With the aforementioned observations, this writ petition is disposed of. 4 10. Urgent Photostat certified copy of this order, if applied for, be delivered to the learned advocates for the parties. (PARTHA SARATHI SEN, J.)