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2017 DIGILAW 969 (CAL)

Sk. Anishal Haque v. State of West Bengal

2017-12-12

BISWANATH SOMADDER, MOUSHUMI BHATTACHARYA

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JUDGMENT : Biswanath Somadder, J. 1. Let the affidavit of service filed in Court today be taken on record. 2. By consent of the parties, the appeal is treated as on day’s list and taken up for consideration along with the application for stay. 3. The appeal arises out of a judgement and order dated 13th September, 2017, rendered by a learned Single Judge in WP 15433 (W) of 2017 (Sk. Anishal Haque vs. The State of West Bengal & Ors.). 4. The appellant before us was the writ petitioner, who had filed a writ petition praying, inter alia, for a direction upon the respondent authority for renewal of his mining lease on the basis of an application dated 31st May, 2016. This application for renewal was made by the writ petitioner under the provision of West Bengal Minor Minerals Rules, 2002. However, on 29th July, 2016, by a Gazette Notification a new law was introduce, namely, the West Bengal Minor Minerals Concession Rules, 2016. 5. The learned Single Judge considered the issue as sought to be raised by the writ petitioner and observed as follows:- “In view of the above factual matrix, I have to consider whether the application filed by the petitioner can be entertained by the respondent no.4 under the provisions of the West Bengal Minor Minerals Rules, 2002. The West Bengal Minor Minerals Concessions (sic; read, Concession) Rules, 2016 came into force on July 29, 2016. By virtue of Rule 62 of the West Bengal Minor Minerals Concessions Rules, 2016, the West Bengal Minor Minerals Rules, 2002 was repealed with effect from July 29, 2016. However, by virtue of Rule 62(2) of the West Bengal Minor Minerals Concessions Rules, 2016 the action taken under the old rules shall be deemed to have been validly done under the corresponding provisions of the existing rules. In the present case, the only action taken under the Old Rules of 2002 is to grant of mining lease in favour of the petitioner for a period of five years from the date of registration of the lease deed on February 6, 2012 and as such, the validity of the said mining lease will remain in force till February 5, 2017, in spite of coming into force of the new Rules of 2016. No other action have been taken by the State respondents in connection with the mining lease of the petitioner under the West Bengal Minor Minerals Rules, 2002 and as such, the petitioner is not entitled to get any benefit of the saving clause incorporated in Rule 62 of the West Bengal Minor Minerals Concessions Rules, 2016. It is specifically laid down in Rule 61 of the West Bengal Minor Minerals Concessions Rules, 2016 that all applications for mining lease of minor minerals received prior to coming into force of West Bengal Minor Minerals Concessions Rules, 2016 shall become ineligible, unless the applicant was issued any grant order or letter of intent or any other Government order by which the position of the applicant is altered. There is nothing on record to indicate that any grant order or letter of intent or any Government order was issued in favour of the petitioner by altering the position of the petitioner in connection with the mining lease. Accordingly, by virtue of operation of Rule 61 of the West Bengal Minor Minerals Concessions Rules, 2016 the application submitted by the petitioner on May 31, 2016 for renewal of mining lease has become ineligible and as such the respondent no.2 cannot be directed to grant the mining lease under the provision of the West Bengal Minor Minerals Rules, 2002”. 6. We do not find any palpable infirmity of reasoning or perversity in the impugned judgement and order (relevant potion whereof has been quoted above), which would warrant any interference in an Intra-Court Mandamus Appeal. That apart and in any event, the impugned order is supported with cogent reason. It is clearly held that the provision of Rule 61 of the West Bengal Minor Minerals Concession Rules, 2016, would apply and the application submitted by the writ petitioner on 31st May, 2016 for renewal of his mining lease had become ineligible. As such, the concerned authority could not be directed to grant the mining lease under the provisions of the West Bengal Minor Minerals Rules, 2002. 7. The appeal and the application for stay, therefore, are liable to be dismissed and stand accordingly dismissed. I agree. Moushumi Bhattacharya, J.