Biswanath Somadder, J. - (1.) By consent of the parties, the appeal is treated as on day s list and taken up for consideration along with the application for injunction. The instant appeal arises out of a judgment and order dated 18th December, 2017, passed by a learned Single Judge in WP 8656 (W) of 2017 (Rabindranath Banerjee vs. State of West Bengal & Ors.). By the impugned judgment and order, the learned Single Judge proceeded to dismiss the writ petition, while at the same time directing payment of exemplary costs upon some officials of the State Government.
(2.) In two separate appeals, being MAT 198 of 2018 with CAN 1525 of 2018 and MAT 199 of 2018 with CAN 1527 of 2018, we had the occasion to look into the impugned judgment and order passed by the learned Single Judge. In those appeals, we had stayed the impugned judgment and order dated 18th December, 2017, passed by the learned Single Judge in WP 8656 (W) of 2017 to the extent it imposes costs upon the officers of the State Government until further orders. Now, so far as the present appeal is concerned, it appears that the appellant, being the writ petitioner, is aggrieved by the order of dismissal of the writ petition. The reason for dismissal of the writ petition primarily appears to be that the writ petition was affirmed and filed in the year 2017, as long after the commencement of Rule 61 of the West Bengal Minor Minerals Concession Rules, 2016.
(3.) However, at the time of hearing of the appeal, the learned advocate representing the appellant/writ petitioner has invited our attention to the said Rule 61 of the West Bengal Minor Minerals Concession Rules, 2016, particularly, the proviso thereof. According to him, the proviso makes it clear that if the applicant has been issued a Grant Order or Letter of Intent or any other Government Order requiring the alteration of applicant s position, then his mining application may be considered after due compliance of all the necessary conditions. According to the learned advocate for the appellant, this proviso squarely applies in the facts of the instant case even if the concerned authority issues declaration of ineligibility of the pending minor mineral applications for mining lease including the applications of reclassified major minerals after the 2016 Rules have come into force.;