KHANDAKAR SAMSUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant writ petition is filed by the petitioner to command the respondent authority to grant him renewal of mining lease on the basis of his application dtd. 8/4/2013 in respect of 5.00 acres of land in the river bed of Damodar.

(2.) The petitioner, Khandakar Samsuddin is a resident of Village Hijalna in the district of Burdwan, West Bengal. On the basis of his application dtd. 18/6/2006, the then Deputy Secretary, Government of West Bengal, Commerce and Industries Department by G.O. No. 218 (22)- CI/M2 dtd. 31/1/2007 issued a grant order for a long-term mining lease for extraction of sand for commercial purpose in respect of plot No. 363 (P) of Mouza Manikhati J.L. no.158 P.S. Burdwan Sadar-II District Burdwan measuring about 5.00 acres of land in the river bed of Damodar. On the basis of the grant order the Additional District Magistrate, L.A, Burdwan on 7/11/2008 executed the final mining lease deed and the same was registered on 3/12/2008 by the registering authority bearing No.1223 of 2008. On 20/5/2009, the Revenue Officer handed over the leasehold area of the land to the petitioner.

(3.) The petitioner states that during the continuation of the mining operation, on 8/4/2013, he filed an application for renewal of the mining lease under Rule 12(1) of the West Bengal Minor Mineral Rules, 2002 by maintaining all formalities. The petitioner states that by memo No. 08/12/467/MM'13 dtd. 22/4/2013 the Additional District Magistrate and District Land and Land Reforms Officer Burdwan rejected the said renewal of mining lease application dated 8/9/4/2013 under the amended provisions of the West Bengal Minor Mineral Rules, 2002, vide Notification No.809/CI/0/MM/84/11 dtd. 1/12/2011 with effect from 5/12/2011 as the grant of mining lease of river bed materials is governed by Rule 16(B) of the Rule of 2002.