NURUZZAMAN AND ANOTHER Vs. DISTRICT LAND & LAND REFORMS OFFICER & ADDITIONAL DISTRICT MAGISTRATE, BIRBHUM & ORS.

JUDGEMENT

(1.) In the writ petition the petitioners have prayed for a direction upon the respondents, particularly on the District Land and Land Reforms Officer and Additional District Magistrate, Birbhum, the respondent no.1, to grant quarry permit in their favour on the basis of their application dated 3rd February, 2012 since fees have been accepted on the said date. Prayer has also been made to dispose of the application for long term mining lease dated 8th June, 2000 in respect of the self same plot of land.

(2.) So far as the application dated 8th June, 2000 for long term mining lease is concerned, the respondent no. 1 is directed to consider the same along with the other applications which shall be received pursuant to the public notice inviting applications under Rule 4A of the West Bengal Minor Minerals Rules, 2002. So far as the grant of quarry permit is concerned, it is submitted by Mr. Das, learned advocate appearing on behalf of the petitioners that since the respondent no.1 had on 15th March, 2010 and on 5th January, 2012 granted quarry permit to M/s. Sri Sri Ramkrishna Enterprise and M/s. Maa Tara Enterprise without issuing any public notice under Rule 4A and as in the instant case the petitioners have filed an application on 3rd February, 2012 along with the fees, appropriate order may be passed.

(3.) Perusing Rule 4A of the West Bengal Minor Minerals Rules, 2002 which had come into force on 19th January, 2006, as I find that the quarry permit shall be issued after inviting applications by public notice, no order is passed on this application. However, the application of the petitioners shall be considered along with the other applications for quarry permit which shall be received pursuant to the public notice issued under Rule 4A of the West Bengal Minor Minerals Rules, 2002, that is, by the District Land and Land Reforms Officer and Additional District Magistrate, Birbhum, the respondent no.1.