SAHADEV SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner Sahadev Sarkar praying inter alia for a Writ of Mandamus commanding the State respondents to grant the mining lease of the land in question in his name and/or in the name of the Proforma Respondent on the basis of their respective applications and/or also commanding the respondents to cancel, set aside and/or withdraw all the orders, memos and/or decisions regarding the grant of mining lease of the said lands to persons who have applied later on and for other consequential reliefs on the ground that the respondent authorities should have considered the applications of the petitioner and the proforma respondent in terms of the judgement delivered by the Hon'ble Mr. Justice Shamsuddin Ahmed and the inaction of the authorities is illegal, malafide and motivated. It is alleged that the respondent authorities have acted against the relevant provision of the Statute and in particular, the petitioner and the proforma respondent and others applying in 1975 and 1976 have got a better right, title and/or interest over the grant of lease of the said lands than the applicants who applied later on.

(2.) It is stated in details that the Plot Nos. 691, 1323 and 1324 of Mouza Daulatpur, P. S. Arambagh, Hooghly are situated on the Bed of the river Dwarakeshwar and there are sands on the plots of the aforesaid land. It is also stated that under West Bengal Minor Mineral Rules, 1973 it has been provided that for a long-term mining lease any person can apply in the prescribed manner after depositing the fees of Rs. 200/- before the prescribed Authority. The petitioner accordingly, in order to have long-term mining lease in respect of the Plots of lands deposited the fees of Rs. 200/on 26.8.75 and submitted the application for the said lease and by Memo No. 552-ML / XI/939 dated 15.9.75 the then Chief Mining Officer, Government of West Bengal acknowledged the said application of the petitioner for the mining lease of the said plots of land. The application was allegedly recommended by the then Chief Mining Officer on 24.7.76 and the local J.L.R.O. after spot enquiry, sent the report to S.L.R.O. in favour of the petitioner by the Memo No. 174/A.C.O. dated 29.1.77 and the S.L.R.O. also by Memo No. 912 dated 10.3.77 sent his recommendation to the A.D.M. (L.R.) in favour of the petitioner and thereafter the A..D.M.. (L.R.) also sent the recommendation in favour of the petitioner. It is further placed on record that the proforma respondent Kanai Kolay also applied on 22.1. 76 in the prescribed manner by depositing the requisite fees for the grant of mining lease in the said plots of lands. The Authorities concerned also allegedly sent the commendation in his favour on 29.1.77 and 10.3.77 respectively and the petitioner has the information that apart from the petitioner and the proforma respondent, one Messrs. Dey Pyne and Company and Mr. K. Kundu have also applied in 1975 in the prescribed manner for the mining lease of the said lands. It is placed on record that under the relevant Rules it is provided that the authorities would grant mining lease to the applicant on priority basis and therefore the above applicants for legitimate claims for obtaining the mining lease in respect of the said lands according to the priority basis as per the dates of the respective applications for grant of lease. The petitioner made several representations but the respondent authorities did not respond positively. Against such silence and/or inaction, a writ petition was filed by the proforma respondent being C.O, No. 3135(W) of 1985 and after hearing the parties the Hon'ble Mr. Justice Shyamsuddin Ahmed was pleased to direct the authorities on 12.5.87 to consider the application of the concerned parties in accordance with law for the grant of lease in respect of the said lands within 3 (three) months from the date of the judgement. The respondents have allegedly done nothing and the proforma respondent made repeated representations requesting the authorities to consider the grant of mining lease pursuant to his application dated 22.1.76. It is further alleged that the respondent no. 3 the Assistant Secretary, Department of Commerce and Industries (Mines Branch), Government of West Bengal by his letter dated 17.9.87 informed inter alia that applicants who made application only in 1984 will be favoured with the mining lease of the said lands subject to certain terms and conditions. Accordingly, the petitioner, proforma respondent and other applicants who applied in 1975-76 have been ignored and being aggrieved, the petitioner has come to this Writ Court seeking reliefs as indicated above.

(3.) An application for addition of party has been filed by one Kurban Ali Mallick and for effective adjudication he has been impleaded. He has alleged that according to Mines and Mineral Rules, 1973, Secretary, Department of Commerce and Industries, Government of West Bengal is the competent authority to grant mining lease/permit after proper formalities. It was ascertained by him that due to the pendency of the writ application moved by Sahadev Sarkar the operation of the interim order granted by the Hon'ble Court in favour of the writ petitioner, the respondent authorities could not take steps in executing the final mining lease in favour of the added party.