Arindam Mukherjee, J. - (1.) The matter seems to have a chequered history with several rounds of litigation. As apparent from the records, on or about 6th March, 1978, the writ petitioners being the respondent nos. 1 and 2 in the instant appeal filed an application before the Mining Officer in-charge, Purulia Zone, West Bengal for granting a mining lease in their favour more particularly, for the purpose of extracting Dolomite. Dolomite was at the time when the application was made, was a non-scheduled major mineral. By a notification dated 10th February, 2015, the same became a minor mineral. Since then it came within the legislative and administrative jurisdiction of State Legislature. The land in respect of which such application has been made are covered under plot nos. 1759 and 1805 of Mouja- Kharidura, J.L. No. 170 , Plot No. 1 of Mouja- Kumari, J.L. No. 240 and Plot No. 1041 of Mouja- Boch, J.L. No. 177 measuring about an area of 88.85 acres (hereinafter referred to as the said plots of land).
(2.) The District Land and Land Reforms Officer, Purulia vide Memo No. 17/5300/M/99 dated 27th November, 1999 addressed to the Mining Officer in- charge under Purulia Zone recommended the grant in respect of the other plots of land except Plot No. 1042 having an area of about 0.74 acres in Mouja Boch, J.L. No. 177 which according to the records was an agricultural land. The Mining Officer in-charge, Purulia Zone however rejected the recommendation and held against the grant. In view of such contradictory reports from the concerned officers on the subject, the Joint Secretary, Government of West Bengal, Commerce and Industries Department, while processing the application offered a personal hearing to the writ petitioners and directed the District Land and Land Reforms Officer and the Mining Officer in-charge, Purulia Zone to also bring relevant papers vide a memo bearing no. (5)-CI/EP2L-04/99 dated 31st August, 2000. The hearing took place on 19th September, 2000. It appears that before the application of the writ petitioners was disposed of by the said Joint Secretary, the Assistant Secretary, Government of West Bengal, Commerce and Industries Department issued a memo dated 13th October, 2000 bearing no. 532-CI/E/2L-4/99 addressed to the West Bengal Mineral Development and Trading Corporation Ltd. (hereinafter referred to as the 'WBMDTC') with a copy marked to Chiranjilal (Minerals) Industries being the writ petitioner no. 1 referring to a mining lease application of WBMDTC dated 7th August, 1985 and directing the said WBMDTC to produce consent letters from rayat in respect of the rayati land and conversion certificate in respect of agricultural land.
(3.) Subsequently, the writ petitioners filed a writ petition being W.P. 7808 (W) of 2001 as their application remained pending. The said writ petition was disposed of by an order dated 13th June, 2001 directing the authority concerned to decide and dispose of the long term mining lease application of the writ petitioners , if not, already disposed of along with all other application in respect of the self-same land or part thereof, if any, pending on date of consideration.;