MAHARAJ SINHA, J.

( 1 ) IN this writ application, a notification issued by the government of West Bengal, being Memo No. 9503 (16)-M and M dated 30th october, 1986, is under challenge. A copy of the said notification is the only annexure, being marked 'a', to the writ application.

( 2 ) THE present writ application was, in fact, moved way back in the year 1990, to be precise, on 23rd November, 1990. when a learned Single Judge, His lordship Justice Kalyanmoy Ganguly (as His Lordship then was), was pleased to give directions for filing affidavits in the presence of the learned Advocates for both the petitioners and the State respondents.

( 3 ) HIS Lordship Justice Ganguly was also pleased to pass an interim order directing the respondents to allow the petitioners extracting earth on payment of usual assessed royalty. Liberty was also granted to the petitioners by the learned Judge to amend the prayer portion of the petition by adding a prayer therein. On that basis there was also an interim order in terms of the amended prayer - 'f' of the writ petition till the disposal of the writ application.

( 4 ) BY the said interim order in terms of Prayer-'f', the concerned respondents were restrained by way of an injunction from "taking any step and/or further step on the basis of section 4c of the West Bengal Land Reforms Act, 1955, as amended and the respondents were further directed to allow the petitioners to extract earth on payment of usual assessed royalty till the disposal of the writ petition.

( 5 ) BY virtue of the above interim order, made way back in the year 1990, the interests of the writ petitioner herein, were and have since been protected and are still being protected.

( 6 ) FOR the sake of convenience, the text of the said impugned notification dated 30th October, 1986, is set out below :"notification after issue of Commerce and Industries Deptt's Notification No. 5955-CI/ mines dated 27. 07. 85 amending Rule 4 of the West Bengal Minor Minerals rules, 1973 extraction of minor minerals has been prohibited in any land classified in revenue records as agricultural land, orchard or forest. Now a question has been raised as to whether agricultural land in respect of which quarry permit has already been granted by the Collector for the purpose of extraction of minor mineral before issue of Commerce and Industries Deptt's notification No. 5955-CI/mines dated 27. 07. 85 shall come under the purview of amended Rule 4 of the West Bengal Minor Minerals Rules, 1973. The matter has been duly considered by the Board of Revenue in consultation with the Commerce and Industries Deptt of this Government and it has been decided that agricultural lands in respect of which valid quarry permits had already been granted by the Collector before 27. 07. 1985 i. e. the date on which amended Rule 4 of West Bengal Minor Minerals Rules, 1973 came into force shall not come under the purview of this rule as the classification of the subject land has virtually been changed by non-agricultural use. In cases of old brickfield and sand quarries on agricultural lands as stated above which have existing sanction the Collector may issue quarry permits after conversion of such land in accordance with the provisions of section 4c of the West Bengal Land Reforms (Amendment) Act,1981 and after due observance of the conditions as laid down in Rules 24,26 and 31 of the West bengal Minor Minerals Rules, 1973. "

( 7 ) THE first writ petitioner, it appears, is the association of Bengal Brickfield owners which is a non-profit making organization and was incorporated under the provisions of the Indian Companies Act, 1913. The 2nd, 3rd, 4th, 5th and the 6th petitioners herein, are all individual brickfield owners and also Members of the said Organization and the 4th respondent is the honorary Secretary of the said association.

( 8 ) FROM the 2nd paragraph of the writ petition it appears that the first petitioner, being the association, has more than 1,000 membe

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