JUDGMENT :

Jay Sengupta, J:

1. This is an application under Article 226 of the Constitution of India praying for setting aside of the order dated 25.01.2021 being Annexure P-6 to the writ petition directing the respondent authorities not to give effect to the said order and directing them to grant STML in favour of the petitioner in respect of plot no. 554-P under Mouza – Dhanyagram, District – Birbhum.

2. Learned senior counsel representing by the petitioner submitted as follows. The writ petitioner was granted quarry permit in respect of secluded plot No. 554(P) in Dhanyagram Mouza, Suri, Birbhum on payment of royalty against the specified quantity of sand. On each occasion, such permission was recommended by Revenue Inspector. This exercise used to be made under West Bengal Minor and Mineral Rules, 2002. The West Bengal Minor and Mineral Rules, 2002 stood repeated by West Bengal Minor Mineral Concession Rules, 2016 having come into effect from 29.07.2016 (hereinafter, referred to as 2016 Rules). In terms of Rule 44 of the 2016 Rules, the petitioner applied on 10.05.2018 for short term mining licence by paying Rs. 3000/-in Form E knowing fully well that plot no. 554(P) would not be