PROTIK PRAKASH BANERJEE,J. - (1.) This writ petition has been instituted for the reliefs which follow: "a) A Writ in the nature of Mandamus commanding the respondents their men, agents, assigns and subordinates not to give any effect and/or further effect to the Rules 38 and 61 of the West Bengal Minor Minerals Concession Rules 2016 as well as to the entire West Bengal Minor Minerals (Auction) Rules, 2016 made annexures 'P-7' and 'P-8' herein and further to act in accordance with law; b) A declaration, declaring that the State Government, as a delegated Rule making authority under the Mines and Minerals (Development and Regulation) Act, 1957, has no legislative competence to introduce the procedure for auction regarding grant of mining lease in respect of minor minerals and Rules 38 and 61 of the West Bengal Minor Minerals Concession Rules 2016 and the entire West Bengal Minor Minerals (Auction) Rules 2016 ultravirus Entry 54, List-I and Entry 23, List II, Seventh Schedule and Articles 245 and 246 of the Constitution of India as well as ultra vires the Mines and Minerals (Development and Regulation) Act, 1957; b) A Writ in the nature of Certiorari, directing the respondents to transmit and authenticate the records of the case to this Hon'ble Court so that conscionable Justice may be administered by quashing the Rule 38 and 61 of the West Bengal Minor Minerals Rules 2016 and the entire West Bengal Minor Minerals (Auction) Rules 2016 made annexure 'P-7'and "P-8" respectively herein; b) A writ in the nature of Prohibition, prohibiting the respondents, their men, agents, assigns and subordinates from interfering with petitioners' usual running of business of extraction of black stone, a minor mineral from raiyati lands in any manner whatsoever;"
(2.) Rule nisi has been prayed for only in respect of these reliefs.
(3.) It appears, therefore, that the writ petitioners are interested only in challenging the constitutionality of the procedure framed by the respondent no. 1 for granting of mining lease in respect of minor minerals through auction but they are also interested to contend that such procedure for auction in respect of ryoti lands would arise.;