Jayanta Kumar Biswas, J. - (1.) The petitioner is seeking a mandamus directing the respondents to consider his application for long term mining lease filed on September 09, 1988. This writ petition is dated January 27, 2006. No explanation has been given regarding the delay. Counsel says that from time to time the petitioner made representations to the authorities. That is not a ground to condone the unexplained delay in approaching the writ Court. Hence on the ground of delay alone the writ petition is liable to be dismissed.
(2.) Even on merits the writ petition is liable to be dismissed. The application was filed in terms of provisions in the West Bengal Minor Minerals Rules, 1973. According to provisions in Rule 7 of those rules the application was to be deemed to be refused, if it was not disposed of within a year from the date of filing. Admittedly no decision was given by the authority within the statutory period. As a result, on expiration of one year from September 09, 1988 that ended in deemed refusal. The petitioner did not take any step to question the inaction of the authority resulting in deemed refusal of the application. At this distance of time he cannot be permitted to agitate the question
(3.) In my view, the single Bench decision of this Court in Sahadev Sarkar v. State of West Bengal & Ors., AIR 1992 Calcutta 203. , declaring Rule 7 of the 1973 rules ultra vires, relied on by counsel for the petitioner, is of no assistance in this case, since application of the petitioner had ended in deemed refusal before December 19, 1990 when that decision was given. Because of that decision, the application already refused by operation of law was not to come to life once again. That decision was to operate prospectively.;