( 1 ) THE petitioner claims that by a registered Kobala. dated August 27, 1967, he purchased 9. 28 acres of land appertaining to Plot No. 61 R. S. Khatian No. 74 Mouza Santore, District Bankura. The said plot was recorded as an agricultural land in the R. S. Records. The petitioner carries on business of manufacturing bricks. On December 26, 1966, he applied to the Additional District Magistrate, Bankura for granting him a Mining Lease under the West Bengal Minor Minerals Rules. 1959 for extracting earth for brick making from the aforesaid plot of land.

( 2 ) ACCORDING to the petitioner, the authorities did not dispose of his said ap-plication for licence either by granting or refusing the same. On May 6, 1970. the Additional District Magistrate, Bankura by his Memo. No. 2309/e. A. served a notice upon the petitioner stating that it had come to his notice that the petitioner had manufactured bricks unautho-risedly by digging and using brick-earth of the plot No. 61 of Mouza Santore without obtaining any mining lease. The Additional District Magistrate directed the petitioner to show cause by June 2, 1970 why he shall not be prosecuted under Rule 25 of the