PANKAJ KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On 23rd June, 1986 the petitioner was granted a mining lease for five years. It gave him right to extract sand from an area of 6.98 acres of river bed of the river "Damodar. The area was identified by plot Nos. 1951 to 1955, in Mouja Gaitanpur in Burdwan District of the State of West Bengal. The lease was granted under the West Bengal Minor Minerals Rules, 1973 (hereinafter referred to as "the Rules"). The Rules were framed by the Government of West Bengal in exercise of power conferred by section 15(1) of the Mines and Minerals (Regulations and Development) Act, 1956. According to terms of the lease, the petitioner was entitled to apply for renewal thereof for a like period. The lease was drawn up in the Standard Form of lease (that is, Form-E) as required by rule 22 of the Rules. Clause 8 of Part-DC of the Standard Form of lease provides as follows:

(2.) By a notice dated 8th November, 1990 the District Land and Land Reforms Officer, Burdwan, the respondent No.5, (hereinafter referred to as 'the DLLRO') directed the petitioner to pay a sum of Rs. 25,200.40. The demand was made on account of outstanding royalty, cess and surface rent in respect of the 1986 lease. It covered the -period from 1st. January, 1988 to 13th June, 1989. The demanded amount was paid by the petitioner.

(3.) By another notice dated 20th November, 1990 the DLLRO directed the petitioner to pay a sum of Rs.58,500. This demand was made for alleged unauthorized extraction of sand by him from plot No. 567 of Mouja Khargeswar (it was not connected with the 1986 lease). Challenging this notice he moved this Court by filing a writ petition [Civil Order No. 14776 (W) of 1990]. It was admitted.