DIPAK KUMAR SEN, J.

( 1 ) HUNDRAJ Mariwalla, the petitioner, herein carries on the business of manufacturing of bricks. For such manufacture the petitioner obtains ordinary earth from 4. 22 acres of land under different plots under different khatians in Mouza Kumrakhali, P. S. Sonarpur, Dist. 24-Parganas. In 1969 the petitioner obtained a permit from the Additional District Magistrate, 24-Parganas for digging and using earth from the said lands for manufacturing; bricks, which has since been successively renewed. The final renewal was up to the 31st March 1975. One of the terms of the said permit is as follows: --"the Raiyat shall not himself, or permit any person to quarry or dig or use any earth or clay from his land except under a lease granted under the Mines and Minerals (Regulation and Development) Act, 1957 (Act No. 67 of 1957 ). "

( 2 ) ON the 21st May 1971 the Additional District Magistrate served a notice on the petitioner directing him to take out a mining lease under the West Bengal Mines and Minerals Rules, 1959, within a month from the date of receipt of the said notice. The petitioner submitted a written objection thereto. Subsequently on the 2nd March 1974 the Addi

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