( 1 ) LET affidavit of service filed in Court today be kept with the records. ( 2 ) I find in spite of directions contained in the order dated 6th September, 2005 and 25th April, 2006, no affidavit-in-opposition has been filed on behalf of the State. In the absence of affidavits the assertions made by the petitioner are deemed to be correct. ( 3 ) IN the writ application, the petitioners have prayed for several reliefs. The relevant prayers are as under: " (a) A writ in the nature of mandamus commanding the respondents, their men, agents, assigns and subordinates not to give any effect and/or further effect to the impugned rent charts made Annexures P/1 collectively herein in respect of Brickfields and further to act in accordance with law; (b) A writ in the nature of mandamus directing the respondents, their men, agents, assigns and subordinates to allow the members of the petitioner no. 1. Association to carry on brick manufacturing business upon acceptance of G Form with application fee and advance royalty without any claim of rent and/or surcharge on brickearth, a minor mineral; (c) a declaration, declaring that the State Government, as a delegated authority under the Mines and Minerals (Development and Regulation) Act 1957 has no legislative competence to claim any rent and/or surcharge on brickearth a minor mineral and the West Bengal Land Reforms and Tenancy tribunal has no legislative competence to decide any matter of rent/tax upon mineral. " ( 4 ) IT is submitted on behalf of the petitioners that after the enactment of mines and Minerals (Development and Regulation) Act, 1957 by the Central legislature the entire legislative field relating to brickearth which has been declared as minor mineral, vests within the legislative power and scope of central Government and as such all entries under List-II of Seventh Schedule to the Constitution are inoperative in respect of brickfields and/or brickearth and as such the amendment of the West Bengal Land Reforms Act, 1955 and the amendment of section 23 of the West Bengal Land Reforms (Amendment)Act, 2003 have no manner of application in respect of brickfields and claim of rent, cess and surcharge on brickfields under the said Acts are nothing but an attempt to usurp the jurisdiction and legislative competence of the Central legislature. Since the law is well-settled the State Legislature cannot exercise even the residuary power under Article 277 of the Constitution of India with regard to minerals and the West Bengal Land Reforms and Tenancy Tribunal has no legislative competence to decide any matter of rent or tax upon minerals including the brickearth, a minor mineral, after enactment of the Mines and minerals (Development and Regulation) Act, 1957. ( 5 ) IT has been submitted by Mr. Chakraborty that brickfield owners have to pay royalty to the State Government. Even though royalty surcharges and cess is being paid under the provisions of the West Bengal Minor Mineral Rules, 2002 and the Cess Act, but the State Government by amending section 23 carried out in 2003, are trying to collect land-revenue for running the business which they are not competent to do. Submission has been made that the West bengal Land Reforms Act has no manner of application in the case of brickfields. When there is provision for payment of dead rent under Rule 20 of the West bengal Minor Minerals Rules, 2002, the State legislature has no legislative competence to apply the provisions of section 23 of the Land Reforms Act by amending the same. In this regard, reliance has been placed on the judgment passed in the case of Shyam Sundar Rathi vs. Additional District Magistrate, bankura and Ors. reported in AIR 1975 Calcutta 58 wherein it has been held as under: "26. The section 4 (2a) (b) so far as it prohibits a raiyat from excavating or using either himself or through others earth or clay for brick making it may be said to be ancillary to the provisions of sub-sections (1) and (2) of section 4 which defines the extent of the rights of a raiyat qua owner of his holding. But the State Legislature by empowering the rule making body to prescribe the terms and conditions for grant of permission to excavate for use of earth or clay in brick making clearly exceeded its legislative competence. After the declaration of the Central Government under section 2 of the Mines and minerals (Regulation and Development) Act, 1957 the entire field relating to mines and minerals came to be occupied by the Parliament. The State government only as a delegated authority has been empowered to prescribe rules relating to minor minerals. After the declaration of the Central Government under section 2 of the Mines and minerals (Regulation and Development) Act, 1957 the entire field relating to mines and minerals came to be occupied by the Parliament. The State government only as a delegated authority has been empowered to prescribe rules relating to minor minerals. But the State Legislature is no longer capable of enacting a law of its own relating to minor minerals. " ( 6 ) HENCE, as it has been held that after 1957 enactment, the subject regarding mines and minerals has come to be occupied by the Parliament and the State no longer is capable of enacting law relating to minor minerals as has been done under West Bengal Land Reforms Act, 1955 made under List II of the seventh Schedule and as the West Bengal Land Reforms and Tenancy Tribunal cannot adjudicate any matter relating to rent and/or tax and/or land-revenue upon such minerals since it has no legislative competence, the notifications appearing from pages 24 to 30 cannot be sustained and, therefore, are set aside and quashed. ( 7 ) THE writ petition is allowed accordingly. There will be no order as to costs. Writ petition allowed.