- (1.) LET affidavit of service filed in Court today be kept with the records.
(2.) I find in spite of directions contained in the order dated 6th September, 2005 and 25th April, 2006, no affidavit-in-opposition has been filed on behalf of the State. In the absence of affidavits the assertions made by the petitioner are deemed to be correct.
(3.) IN the writ application, the petitioners have prayed for several reliefs. The relevant prayers are as under: " (a) A writ in the nature of mandamus commanding the respondents, their men, agents, assigns and subordinates not to give any effect and/or further effect to the impugned rent charts made Annexures P/1 collectively herein in respect of Brickfields and further to act in accordance with law; (b) A writ in the nature of mandamus directing the respondents, their men, agents, assigns and subordinates to allow the members of the petitioner no. 1. Association to carry on brick manufacturing business upon acceptance of G Form with application fee and advance royalty without any claim of rent and/or surcharge on brickearth, a minor mineral; (c) a declaration, declaring that the State Government, as a delegated authority under the Mines and Minerals (Development and Regulation) Act 1957 has no legislative competence to claim any rent and/or surcharge on brickearth a minor mineral and the West Bengal Land Reforms and Tenancy tribunal has no legislative competence to decide any matter of rent/tax upon mineral. ";