Moushumi Bhattacharya, J. - (1.) The appellants have challenged a judgment and order dated 16th May, 2017 whereby the writ petition filed by the appellants being W.P. 24350(W) of 2016 has been dismissed.
(2.) In the writ petition, the appellants had challenged two letters dated 18th June, 2015 and 1st December, 2015 issued by the Commerce and Industries Department (C & I), Mines Branch whereby the petitioners / appellants applications for grant of mining lease in respect of Basantapur and Chirugora Mouzas for mining of Apatite (Rock-phosphate) were rejected. The appellant No.1/the writ petitioner No. 1 is a company duly incorporated under the provisions of the Companies Act, 1956 and is engaged in the business of, amongst others, minerals including Rock-phosphate in the States of West Bengal and the North Eastern States.
(3.) At this juncture, a brief statement of relevant dates needs to be made: On 24th March, 2005, the appellant No.1 made two applications before the mining Officer-in-Charge, Purulia Zone (the respondent No.8) for mining leases in Purulia, West Bengal, for mining of Apatite (Rock-phosphate) mineral under the Mines and Minerals (Development and Regulation) Act, 1957 (the Act). The receipt of these applications was duly acknowledged by the Inspecting Officer and Mining Office-in-Charge of Purulia Zone. By two letters dated 18th January, 2006, the Assistant Secretary, Government of West Bengal (GoWB), C & I Department, Mines Branch (respondent No.5) requested the District Land and Land Reforms Officer, Purulia (respondent No.7) to furnish reports regarding availability of land in Mouza Basantapur and Chirugora, which was submitted by the respondent No.7 to the respondent No.8 by way of a land availability report. On 21st December, 2006, the respondent No.5 called the petitioner No.1 and West Bengal Mineral Development and Trading Corporation Limited (respondent No.9) for a hearing in connection with their respective applications for mining lease. By a letter dated 9th January, 2007, the petitioner No.1 inter-alia mentioned that the petitioners were eligible for grant of mining lease since there was no subsisting mining lease granted against the plot applied for by the petitioners in terms of the Act and further, that the petitioners had a preferential right for grant of mining lease in terms of Section 11 of the Act. By a letter dated 18th February, 2008, the respondent No.5 informed the petitioners that in a meeting held on 4th December, 2007, it had been decided that the lease may be granted to the petitioner No.1 for both Chirugora and Basantapur Mouzas provided an agreement is effected between the petitioner No. 1 and respondent No. 9, though the mining activities would be carried out by the petitioner No.1 and retention charges would be given to the respondent No. 9. It was also suggested that after effecting the said agreement, long term mining lease would be granted in favour of the petitioner No. 1. By letters dated 28th May, 2008 and 27th June, 2008, the respondent No. 5 sought information from the respondent No. 9 whether any agreement had been reached with the petitioner No. 1 and the respondent No. 9 for settling the issue of grant of long term mining lease as was discussed in the meeting held on 4th December, 2007. A meeting was held on 5th November, 2008 thereafter between the petitioner No. 1 and the respondent No. 9 on arrangements for grant of mining leases in the presence of the respondent Nos. 4 and 6 (the Deputy Secretary, GoWB, C & I Department, Mines Branch and the Director, Directorate of Mines and Minerals West Bengal, respectively) wherein it was decided that an agreement would be signed between the petitioner No. 1 and the respondent No. 9 within fifteen days from the date of issue of the order of grant of mining leases.;