SOUMITRA PAL,J. - (1.) In the writ petition the petitioner has prayed for a direction upon the respondents particularly on the District Magistrate, Murshidabad, the respondent no.2 to issue grant order in favour of him for long term mining lease for extraction of sand from the river bed of Mayurakshi in view of his application filed on 23rd June, 1982. It has been submitted that since the Additional District Magistrate and District Land and Land Reforms Officer, Murshidabad, the respondent no.5, had requested him to submit the documents as mentioned in the memo dated 18th August, 2011, appropriate direction may be issued. Submission is as the petitioner submitted the documents appropriate order may be passed. Submission has also been made as in a similar matter being W.P. 20217(W) of 2011 an order has been passed by directing the District Magistrate to pass a reasoned order, appropriate order may be passed.
(2.) In my view, while passing the order on 14th December, 2011 in W.P. 20217(W) of 2011, Rule 4(A) of the West Bengal Minor Minerals Rules, 2002 was lost sight of. Therefore, considering the facts and circumstances of the case, the writ petition is disposed of by directing the District Magistrate, Murshidabad, the respondent no.2 to dispose of the application of the petitioner filed on 23rd June, 1982 by passing a reasoned order within eight weeks from the date of presenting a copy of the certified copy of this order after giving an opportunity of hearing to the petitioner and after causing an inspection of the site in question upon notice but without being influenced by the order dated 14th December, 2011 passed in W.P. 20217(W) of 2011. While passing the order the respondent no.2 shall take note of the provisions contained in the West Bengal Minor Minerals Rules, 2002 particularly Rule 4(A)(1)(2)(3) and (4) which have come into effect on 19th January, 2006. I, however, make it clear that I have not gone into the merits of the application filed by the petitioner before the authorities.
(3.) No order as to costs.;