Jayanta Kumar Biswas, J. - (1.) THE petitioner in this WP under art. 226 of the Constitution of India dated September 25, 2012 is seeking the following principal relief: - a) A writ in the nature of Mandamus commanding the Respondent and/or their subordinate to give lease hold right of mining lease over the abovementioned land from 17.5.2011 to 16.5.2016 as it was mentioned in the lease deed prior to over writing. The petitioner's husband, Haradhan Mondal, applied for a mining lease under the West Bengal Minor Minerals Rules, 1973. The application was allowed and the lease deed was executed on February 22, 2000 for five years. By a deed dated December 18, 2006 the lease was renewed for five years from the date of registration of the deed. It was registered on January 19, 2007.
(2.) ON March 26, 2008 Haradhan informally applied for consent of the State Government to transfer the lease to the petitioner. The transfer was permissible according to the provisions of r. 18 of the West Bengal Minor Minerals Rules, 2002 whereby the West Bengal Minor Minerals Rules, 1973 were repealed. During pendency of the application Haradhan died on May 4, 2008. It is submitted that Haradhan was survived by the petitioner and two minor children. In view of the provisions of the deed dated December 18, 2006 the leasehold was to devolve on Haradhan's heirs. The application for consent to transfer, however, lost significance due to Haradhan's death. Pursuant to the terms of the lease the petitioner and her children were entitled to enjoy the leasehold till January 19, 2012 when the term of the lease was to expire.
(3.) BUT then the authority concerned executed a fresh lease deed dated May 17, 2011 giving the petitioner the leasehold till December 17, 2012. It is evident that the term of the lease dated December 18, 2006 was extended by around eleven months. The question of extension, if necessary, could be considered by the State Government only according to the provisions of r. 16 of the West Bengal Minor Minerals Rules, 2002.;