NIAMAT SK. Vs. DISTRICT MAGISTRATE, BIRBHUM

JUDGEMENT

(1.) Appellant/writ petitioner is the unsuccessful applicant before the respondent authority, whose prayer for grant of long term mining lease has failed and/or not been considered. Thus arose the writ petition being W.P.No 7586(w) of 2016, at his instance. The same has been disposed of by dint of the order dated June 9, 2016, unfavourable to him, leaving him bootless in accomplishing his goal as stated above and impugned in this appeal.

(2.) The question, to be adjudicated in this appeal is precisely whether the West Bengal Minor Minerals Concession Rules, 2016, would govern the field, whether application by the appellant for grant of mining lease dated August 5, 2003, shall be non est, in the eye of law, in view of the provisions of the 2016 Rules or the appellant's case would be governed under the old Rules of 2002, i.e, taking into account the date of his first application and if so, whether the purported action/inaction of the respondent authority to deny appellant's prayer, would amount to impairing his legal and constitutional rights.

(3.) The case has a chequered background. Appellant submitted his application for grant of long term mining lease, in the office of Mining Officer in Charge of Suri Zone, in district Birbhum, on August 5, 2003. He sought permission respecting 26.00 acres of land, being Plot No 1481 to 1558, 1560(P), 1212(P), of Mouza - Palitpur, J.L.No.132 under Nanur Police Station. Respondent's inaction in considering his application, forced him to file his first writ petition in this court being W.P. No 20451(w) of 2004, in which an order was passed on November 9, 2004, as narrated below :