LAWS(CAL)-2025-8-34

NITYA NANDA PAL Vs. DISTRICT MAGISTRATE, PURBA BARDHAMAN

Decided On August 19, 2025
Nitya Nanda Pal Appellant
V/S
District Magistrate, Purba Bardhaman Respondents

JUDGEMENT

(1.) The present challenge arises out of an order dated August 29, 2017 passed in WPA No. 8784(W) of 2017.

(2.) By the said order, the learned Single Judge dismissed the writ petition of the present appellant, which was filed seeking a consideration of the appellant's application for renewal of a mining lease given in favour of the petitioner under the West Bengal Minor Minerals Rules, 2002 (in brief, "2002 Rules").

(3.) While dismissing the writ petition, the learned Single Judge observed that there was nothing on record to indicate that the petitioner had deposited the requisite fees of Rs.500.00 with the District Magistrate, Burdwan for consideration of the application submitted by the petitioner under the provisions of Rule 12(1) of the 2002 Rules. That apart, the learned Single Judge held that the said application for renewal made by the petitioner under the old Rules of 2002 was no longer maintainable since the said Rules have been repealed by Rules 61 and 62 of the West Bengal Minor Minerals Concessions Rules, 2016 (for short, "2016 Rules") which had come into force prior to the renewal application being made by the writ petitioner/present appellant.