PROTIK PRAKASH BANERJEE,J. - (1.) The writ petition was called on and heard extensively on January 15, 2018 when an order was recorded. It was heard in part on the question of granting interim reliefs, on the understanding that the facts were not in dispute but an affidavit would be required before deciding the prayer of a public law declaration about the alleged lack of competence of the State of West Bengal to collect land revenue and/or royalty at rates stated to be arbitrary in the petition. The other reliefs for which Rule Nisi have been sought, depend upon such a declaration.
(2.) In the writ petition, primarily what has been challenged is the Memo dated March 22, 2017 issued by the respondent No. 2. By this Memo the respondent No. 2 has recorded a consensus between representatives of the various brick-field associations of Hooghly and the respondent No. 2 under which among other things, the following has been directed:- "Authorized brick fields who have submitted royalty and cess without passing challan from the respective BLLRO offices @ Rs. 15/- and Rs. 15/- will pay rest of the amount @ Rs. 19/- for the last three years @ prescribed in notification no.-678-CI/O/MIN/GEN-RLT/02/2015 dated the 27th of October, 2016." "6.Members are requested to pay land revenue and cess for their Brick Fields."
(3.) Mr. Chakraborti, Learned Senior Advocate, ably assisted by his junior Mr. Pinaki Ranjan Chakraborti, Advocate, has taken me through the the Mines and Minerals (Development and Regulation) Act, 1957, the power of the State Government and its competence to frame rules under power delegated under Section 15 of the said Act, and the fields of legislation to which the executive power of the State extends under the 7th Schedule. He took me through the rules made by the respondent No. 1 from time to time, relating to the Minor Minerals Concession Rules over the years, including the one of 2002 and the one of 2016. He has also taken me through the precedents, authoritative and persuasive, which led to the legislative changes and the rules aforesaid.;