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 pe