TUHIN MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner had applied for a long-term mining lease on 12th March, 2007 of a major mineral viz. Pyrbphillite. It is not in dispute that such application was not disposed of by the competent authority resulting in filing of W.P. No. 4753 (W) of 2008. During the pendency of such writ petition, the petitioner had applied for quarry permit on 18th March, 2008. Such application was not considered and an interim application (CAN 2992 of 2008) was filed in connection with W.P. No. 4753 (W) of 2008. The said application was disposed of by a learned Judge of this Court on 2nd September, 2008 with a direction upon the District Land and Land Reforms Officer, Bankura to consider and dispose of the application for grant of quarry permit filed by the petitioner on 18th March, 2008 within a period of three weeks from date of communication of the order to him.

(2.) It is not in dispute that the application for quarry permit was allowed and from time to time the concerned authority has issued quarry permit in favour of the petitioner.

(3.) However, an application for quarry permit dated 19th February, 2013 was filed by the petitioner. Although the authority competent to grant quarry permit is obliged to dispose of an application for quarry permit within fifteen days of its receipt, no step was taken in this behalf and more than fifteen days lapsed. The petitioner approached the Court once again by filing W.P. No. 5911 (W) of 2013 for its consideration. By an order dated 25th March, 2013, tire writ petition was disposed of granting liberty to the petitioner to apply for quarry permit afresh. The ground for not entertaining the writ petition was that with the expiry of fifteen days from the date of filing of the application for quarry permit, it stood refused by operation of law [clause 8 of Schedule IV appended to the West Bengal Minor Mineral Rules, 2002 (hereafter the Rules)].