HARISH TANDON,J. - (1.) CAN 291 of 2018 and CAN 2497 of 2018 These two applications are at the behest of some of the heirs and legal representatives of Narendranath Chatterjee and Jnanedranath Chatterjee, since deceased, claiming an undivided, impartable, leasehold right in respect of a vast tract of demised land unto and in favour of the aforesaid deceased persons way back in the year 1920 for a period of 999 years with an option for renewal to like term if exercised. The aforesaid lease was executed for mining purposes i.e. for excavation of gravel and it is an undisputed fact that in view of the nature of the lease, no separate permission was ever granted by the statutory authorities for such excavation but the price of the extracted articles was charged and received by them.
(2.) By the passage of time the joint lessees have died leaving several heirs, which would appear from the genealogical table appended to the application CAN 2497 of 2018 at page 44. The applicants claimed their right through the said joint lessees as their heirs and successors and wanted to be impleaded as party in the instant writ2 petition. It is stated in the aforesaid application that the writ-petitioners prior to the instant writ-petition filed another writ-petition in the year 1992 challenging the decision and/or action of the statutory authority in increasing the price wherein one of the petitioners was allowed to be added as party-respondent therein. It is further stated that this court while entertaining the writ-petition passed an interim order permitting the writ-petitioners therein to carry on the mining activities at a price which were initially charged and, therefore, the applicants should also be placed in the same position being similarly circumstanced persons and be allowed to continue the mining activities.
(3.) In the midst of the hearing of the aforesaid application, one of the applicants, namely Sajal Chatterjee, who is the son of Late Swapan Chatterjee, who stands at par with the writ-petitioner no. 1, deriving his right, title and interest through Saktipada Chatterjee, was granted challan for such demised land and subsequently the statutory authority received the royalty as it appears from the challans from the heirs of the said Saktipada Chatterjee. Obviously, the father of the applicant no. 1 in CAN 291 of 2018 was included within the expression 'others' after Asok Chatterjee and, therefore, they stand collectively before the statutory authority.;