Satyabrata Sinha, J. - (1.) The petitioner in this application has, inter alia, prayed for issuance of Writ of or in the nature of Mandamus directing the respondents to give effect to a deed of mining lease dated 30th September, 1993 as contained in Annexure 'E' to the write application from the date of delivery of actual possession.
(2.) The fact of the matter is admitted. A mining lease is originally granted in favour of the petitioner on 13.1.1987 for a period of 5 years. The petitioner filed an application on 28.5.91 i.e. 8 months prior to the expiry of the said date. In terms of Rule 12(4) of the West Bengal Minor Minerals Rules, 1973 as no order was passed thereupon within 9 months from the date of filing of such application, the petitioner's mining lease was deemed to be extended. The petitioner continued to extract the minerals and paid royalties. However, only on 3.3.93 the petitioner received a sanction letter for a period of 5 years which was to take effect from 21.9.91.
(3.) On 30th September, 1993 a fresh deed of mining lease was executed with effect from 12.7.92 and the possession thereof was delivered to the plaintiff on 13.10.93.;