JUDGMENT :

JAY SENGUPTA, J.

1. This is an application under Article 226 of the Constitution of India, inter alia, praying for declaration that the amendment of 2011 of the West Bengal Minor Mineral Rules, 2002 was ultra vires and for setting aside of the impugned order vide Memo No. 7/289/570/MM/12 dated 14.03.2012 passed by the Additional District Magistrate and District Land and Land Reforms Officer, Burdwan.

2. Learned counsel appearing on behalf of the petitioner submitted as follows. A Long Term Mining Lease deed of five years was executed and registered by and between the government of West Bengal and the petitioner on 24.11.2006 in respect of Plot No. 543 (P) of Mouza – Mirchoba, J.L. No. 33, under Burdwan Police Station, now District – Purba Bardhaman, measuring about 5.00 acres of land in the river bed of Damodar. Therefore, the lease term was till 23.11.2011. As per the said lease deed Part – VIII, para 3, there was a renewal clause of the lease. As per Rule 12(1) of West Bengal Minor Mineral Rules, 2002, the renewal application should be made at least six months before the date on which the lease was due to expire, but not before nine months from such date of expiry. The petitioner’s lease period started from 24.11.2006 and accordingly, the lease period of five year would expire on or about 23.11.2011. As such, application for renewal of lease was made by the petitioner on 05.08.2011 along with challan of Rs. 500/-as application fees and other requisite documents. The said renewal application was rejected by the order dated 14.03.2012. The said order was passed purportedly owing to the amended provisions of the West Bengal Minor Mineral Rules, 2002 vide Govt. Notification No. 809/CI/0/M.M/84/11 dated 01.12.2011. Subsequently, on 4th July, 2014 a solemn order was passed by this Hon’ble Court in W.P. No. 16526 (W) of 2013 (Swapan Sarkar vs. State of West Bengal and Others) along with other writ petitions, whereby the said amended Rules were struck down. Therefore, prayer (a) of the writ petition ought to be allowed in view of the said solemn order dated 4th July, 2014 passed by this Hon’ble Court and the prayer (b) of the writ petition also be allowed by setting aside the order impugned being Memo. No. 7/289/570/M.M./12 dated 14.03.2012. So far as the prayer (c) of the writ petition was concerned, the petitioner prayed that the authority might be directed to consider the said renewal application afresh. After stricking down the said amended Rules, the concerned authority had passed a number of orders of renewal of many other applicants. Thereafter, vide a Notification No. 428-CI/O/MM/84/11 (Part-II), dated 29th July, 2016 the West Bengal Minor Mineral Concessions Rules, 2016 came into force and Rule 62(1) West Bengal Minor Mineral Rules, 2002 was repealed. The Rule 62(2) of the West Bengal Minor Mineral Concessions Rules, 2016 provided that “Notwithstanding such repeal, anything done, any action taken or any prosecution started under the said rules, shall be deemed to have been validly done or taken or started, as the case may be, under the corresponding provisions of these rules.” Since the writ petition was under consideration and meanwhile the said West Bengal Minor Mineral Rules, 2002 was repealed, the prayer for renewal of lease had not attained finality. The provision contained under Rule 5(1) (a) of the West Bengal Minor Mineral Concession Rules, 2016 ought to be taken into consideration while considering the prayer of the petitioner was renewal of lease i.e. for another term of five years. So, in the instant case, the lease period ought to be for the period of 10 years. Besides, Rule 5 of the West Bengal Sand (Mining, Transportation, Storage and Sale) Rules, 2021 provided the “period of Sand Mining Lease as minimum five years and maximum twenty years.” So, the petitioner might be allowed further period of five years upon fulfilling all the formalities i.e., as per the present Rules. In the lease deed (the first t