Biswanath Somadder, J. - (1.) The subject-matter of challenge in the instant writ proceeding is in respect of non-grant of long term mining lease in favour of the petitioner by the District Land and Land Reforms Officer, Burdwan.
(2.) It transpires from the pleadings that an application for grant of long term mining lease was made by the petitioner sometime in December, 2005. The petitioner has stated in his pleadings that since the proposed lease was in respect of a plot which was a "very big one", the Additional District Magistrate and District Land and Land Reforms Officer, Burdwan, issued notice to all applicants (including the writ petitioner) who had applied for such long term mining lease. Such notice was issued on 8th July, 2011, directing the applicants to appear for hearing on 1st August, 2011. It has also been stated by the petitioner in paragraph 7 of his application that he along with other applicants were present at the time of hearing before the Additional District Magistrate and District Land and Land Reforms Officer, Burdwan. The petitioner has further stated in paragraph 8 of the application that the Deputy Secretary, Government of West Bengal, had been pleased to grant long term lease in favour of the petitioner, in terms of an order contained under memo dated 2nd January, 2007. Essentially, challenging inaction on the part of the concerned respondent authority for non-execution of the long-term mining lease in favour of the petitioner on the basis of the order dated 2nd January, 2007, the petitioner has filed the instant writ petition.
(3.) A report in the form of an affidavit was called for, which has since been filed on behalf of the District Magistrate and District Land and Land Reforms Officer, Burdwan. The report reveals certain startling facts. It reveals that upon culmination of hearing which took place on 1st August, 2011, an order dated 17th June, 2013, was issued by the District Magistrate and District Land and Land Reforms Officer, Burdwan. By the said order, the petitioner's prayer for execution of his lease deed on the basis of the grant order issued by the concerned Deputy Secretary, vide his memo dated 2nd January, 2007, stood rejected upon revocation of the said grant. The order dated 17th June, 2013, had been forwarded to the petitioner although he has not adverted to the same, anywhere in his pleadings. Not only that, the petitioner has totally suppressed the fact that upon receipt of the said order dated 17th June, 2013, issued by the District Magistrate and District Land and Land Reforms Officer, Burdwan, he had preferred a review application invoking Rule 37 of the West Bengal Minor and Mineral Rules, 2002, on 3rd July, 2013, a copy whereof has been annexed to the report in the form of affidavit filed on behalf of the concerned State respondent.;