PROTIK PRAKASH BANERJEE,J. - (1.) The writ petition is moved on service. Affidavit of service is kept on record. The respondent State and its officers are represented.
(2.) Long before the new Rules of 2016 relating to minor minerals, framed by the West Bengal Government came into effect, the writ petitioner was admittedly granting a mining lease under a duly executed and binding lease deed of August 21, 2013. This was for a period of five years. This was a lease which was capable of being renewed by reason of express covenant in the writ petition.
(3.) In the writ petition, at page 55 clause 5 of Part IX, the lessor State Government made the following provision:- "Failure on the part of the Lessee to fulfill any of the terms and conditions of his lease shall give the State Government any claim against the Lessee or be deemed a breach of this lease, in so far as such failure is considered by the said Government to arise from force majeure, and if through force majeure the fulfilment by the Lessee of any of the terms and conditions of this lease be delayed, the period of such delay shall be added to the period fixed by this lease. In this clause the expression 'force majeure' means act of God, war insurrection, riot, civil commotion, strike, earthquake, tide, storm, tidal wave, flood, lightning explosion, fire and other happenings, which the Lessee could reasonable prevent or control.";