Arindam Mukherjee, J. - (1.) The appeal is at the instance of the writ petitioner wherein he has challenged the order dated 24th October, 2017, by which the writ petition was dismissed.
(2.) The brief facts leading to filing of the writ petition are as follows:- i) The appellant/writ petitioner was granted a long term mining lease for five years on 9th November, 2009 with regard to a plot bearing No. 257 (P) Mouja-Benda, J.L. No. 51, P.S.-Bishnupur, District- Bankura, which measured about 10 acres. The lease deed was registered on 25th November, 2009. ii) The said mining lease expired on 8th November, 2014. iii)Prior the lease expiring by efflux of time, the appellant/writ petitioner on 21st March, 2014, made an application for renewal of the lease. iv) As the renewal application was not being considered even after expiry of a reasonable period of time, the appellant/writ petitioner filed a Writ Petition being W.P. No. 29216 (W) of 2014. v) The said writ petition was disposed of by an order dated 19th November, 2014. The relevant portion whereof are set out here under for the sake of convenience:- "The petitioner's grievance in this writ petition is against non-consideration of the renewal application, which was made within the period of limitation. Learned counsel for the petitioner submits that the application for renewal be considered and disposed of by the appropriate authority. Mr. Ghosh, learned counsel appearing for the State submits that the matter may be disposed of by the appropriate authorities. Having considered the submissions made by the parties, the concerned authorities directed to consider and dispose of the renewal application made by the petitioner upon giving an opportunity of hearing by 6 weeks from the date of communication of this order. The writ petition is, thus, disposed." vi) Pursuant thereto by a memo dated 18th February, 2016, the Additional District Magistrate and District Land & Land Reforms Officer, Bankura duly communicated to the appellant/writ petitioner the approval of the draft renewal mining lease deed by the Government. The contents of the said memo are set out hereunder:- "With reference to his application for Renewal of mining lease on the scheduled area mentioned above as well as in compliance with the order dated 19.11.2014 of the Hon'ble High Court, Calcutta in W.P. No. 29216 (W) of 2014 in Basudeb Paul Vs. The State of West Bengal & Ors. and to return herewith draft Renewal Mining Lease Deed duly approved by this Government along with the Xerox copy of duly vetted composite sketch map. 1. He is requested to submit four final copies of the Renewal lease deed in durable paper (three on stamped paper and the rest on unstamped paper) strictly in accordance with the approved draft Renewal mining lease deed and ten plans (three on tracing cloth and rest on blue print paper together with necessary heading and legends on each copy as laid down in the specimen given below) strictly in accordance with the area mentioned in the said approved draft lease deed after due execution to this Department for taking necessary action. The final copies of the stamped Renewal lease deed should be typed out by single process, so that all correction and page number exactly tally the stamped deeds line by line and page by page." The appellant/ writ petitioner was also directed to deposit a sum of Rs. 2,500/- as security deposit. vii) The appellant/writ petitioner duly submitted the final deed along with stamped paper and the approved draft deed on 28th March, 2016. The security deposit was also paid. viii) On 21st October, 2016 a hearing was held by the District Magistrate, Bankura when the appellant/writ petitioner was present. ix) By an order dated 21st October, 2016 the District Magistrate, Bankura, rejected the renewal application of the appellant/writ petitioner. The order is set out in its entirety for the sake of convenience:- "I have heard the writ petitioner and gone through the case record and relevant rules of minor minerals as well as the orders of the Hon'ble National Green Tribunal and Hon'ble High Court, Clacutta. I have gone through the West Bengal Minor Mineral Concession Rules 2016 as well as West Bengal Minor Mineral (Auction) Rules, 2016, whereby it appears from Rule 62 of the West Bengal Minor Mineral Concession Rules, 2016 that the West Bengal Minor Mineral Rules, 2002 has been repealed. In addition to that as per Rule 61 of the West Bengal Minor Mineral Concession Rules, 2016 " all applications for mining lease of minor minerals including the reclassified minor minerals vide S.O. No. 420(E) dated 12.02.2015 received prior to the given effect to this rules irrespective of its duration of pendency of shall become ineligible." I have also gone through the order dated 27.02.2012 of Hon'ble Supreme Court of India in Special Leave Petition (C) No. 19628-19629 of 2009 in the matter of Deepak Kumar etc.- Vs- State of Haryana and Others etc. and order dated 09.08.2016 of Hon'ble National Green Tribunal, Eastern Zone, Kolkata in R.A. No. 109/2016/EZ in O.A. No. 59/2015/EZ in the matter of the State of West Bengal through the Secretary, Deptt of Commerce & Industries Vs.- Biplab Kumar Chowdhury where it has been directed that " The entire exercise to bring the existing sand mines under the new rules shall be completed within a period of three months". The State Government has now brought into new subordinate legislation which was published as the West Bengal Minor Mineral Concession Rules,2016 as well as West Bengal Minor Mineral (Auction) Rules, 2016. On the basis of these Rules, the process of eAuction has already been started in different phase in this district. That in this particular case the Hon'ble High Court vide order dated 19.11.2014 directed to reconsider and dispose of the renewal application. In compliance of such order by Hon'ble court renewal grant order was issued and all the steps were initiated for mandatory compliance. Meanwhile Hon'ble National Green Tribunal directed that "The entire exercise to bring the existing sand mines under the new rules shall be completed within a period of three months". Thus the undersigned being creature of state and being bound to abide by the direction of the Hon'ble court and since the applicant has not submitted any order in contrary to the above direction of Hon'ble National Green Tribunal. Since the order of Hon'ble Supreme Court of India applies to all the states including the state of West Bengal, hence guidelines as laid down in the order of Hon'ble Supreme Court, India needs to be complied with. Hence, in the light of above-noted observation and verdict of Hon'ble Supreme Court of India, as well as keeping in mind the relevant provisions of the West Bengal Minor Mineral Concession Rules, 2016 and West Bengal Minor Mineral (Auction) Rules, 2016, the writ petitioner's application for long term mining lease for sand in the below-noted land schedule is considered and rejected with liberty to the petitioner to participate in eAuction process as per the West Bengal Minor Mineral (Auction) Rules,2016. Hence, order dated 19.11.2014 of the Hon'ble High Court, Calcutta in connection with W.P. No. 29216(W) of 2014 in the matter of Basudeb Paul-Vs.- State of West Bengal has duly been complied with. Let the writ petitioner be informed accordingly."
(3.) The said order dated 21st October, 2016 was communicated by the Additional District Magistrate and Land & Land Reforms Officer, Bankura by a memo dated 2nd December, 2016.;