ASRAF ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this Art. 226 petition dated 24.12.2009 is seeking a mandamus commanding the fourth respondent to dispose of his application for long-term mining lease received by the office concerned on 26.10.2009.

(2.) The fourth respondent is the Mining Officer-in-charge, Suri Zone, Government of West Bengal, and as such he is to receive an application for long-term mining lease. Accordingly he received the petitioner's application for long-term mining lease on 26.10.2009. On the basis of the application necessary enquiries are to be made and reports are to be prepared and submitted by all concerned to the District Magistrate, the authority competent to give final decision in the application for long-term mining lease. Hence no mandamus can be issued directing the fourth respondent to dispose of the petitioner's application for long-term mining lease.

(3.) A mandamus directing the District Magistrate, Birbhum t;, dispose of the application for long-term mining lease cannot be issued as well. According to the provisions of the relevant rules the application is to be disposed of by the competent authority within one year from the date of receipt of the application and for special reason the period may be extended by another year.