A.Lala, J. - (1.) This writ petition has been made by a company by the pen of one Sri Amar Madhab Gupta, claimed to be the Secretary of such company. Basically the main writ petition has been made by making three grievances. One is not to give effect or further effect of the demand of payment or royalty for the period from 30th January, 1974 to 30th June, 1974 under annexure 'B' to the writ petition. The second is declaration that Rule 18 of the West Bengal Minor and Minerals Rules, 1973 is ultra vires of the Mines & Minerals (Regulation & Development) Act, 1957 particularly Sections 2 and 16 thereof. The last is declaration that the West Bengal Minor and Minerals Rules 1973 has no application to the subsisting Mining lease under West Bengal Estates Acquisition Act, 1953.
(2.) However, before going to such controversy let me narrate the factual position herein. The predecessors-in-interest of the petitioner company were holding mining lease for quarrying stone metal over an area of 9000 bighas in Mouza Barua and area of 150 bighas in Mouza Gopalpur in the District of Birbhum, West Bengal for a long time. The mining lease had been granted to them by the ex-intermediaries before the acquisition by the State under West Bengal Estate Acquisition Act, 1973. By a Deed of disclaimer dated 21st December, 1957 the holders of the mining lease relinquished their leasehold Interest in favour of the petitioner company. The lessees were required under the terms of the said mining lease to pay the rents and royalties at the following rates: (i) One anna per 100 Cft. Of stone chips laterite, dust or other minerals. (ii) 3 Pies per 100 Setts of all stone sets, (iii) Minimum royalty of Rs. 1000.00 per annum, (iv) Fixed rent of Rs. 50.00 per annum.
(3.) As a matter of fact, the petitioner company was formed by the predecessors-in-interest. As because the original predecessor-in-interest were not agreeable to grant mining lease to them a private limited company was formed by them with effect from 19th December, 1963. The appropriate authority under the West Bengal Estates Acquisition Act recognised the petitioner company as a subsisting lease-holder in respect of the above mentioned area by its letter reference No. 1792 EA of 27th April, 1962. After vesting all the rights of the intermediaries in the State the petitioner was paying the rents and royalties to the authority under the provisions of Section 29 of the Act. Therefore, it became statutory lessee under such section of the Act. However, the lease was subsisting.;