BANKURA CHINA CLAY INDUSTRIES Vs. UNION OF INDIA
LAWS(CAL)-1983-12-15
HIGH COURT OF CALCUTTA
Decided on December 20,1983

BANKURA CHINA CLAY INDUSTRIES Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) THIS application is directed against an order passed in revision by the Central Govt. under Rule 55 of the Mineral Concession Rules, 1960 communicated to the petitioner by a letter dated 3rd August, 1982 by the Deputy Secretary to the Government of india under No. 1/191/82 MIV annexed as Annexure F to the petition on the ground that the order is patently bad as the revisional application was dismissed on the ground of barred by limitation though, in fact, the same was filed within the period of limitation prescribed by rule 54 of the Mineral Concession rules. The short fact of the case are as follows :
(2.) THE petitioner which is a partnership firm applied for grant of mining lease of plastic white clay and china clay on 28th March, 1980 in accordance with the provisions of the Rule 22 of the mining Concession Rule in the prescribed form and also paid the prescribed fees. This application was submitted to the Secretary, Commerce and Industries Deptt, mines Branch through the mining Omcer-in-Charge, Purulia and duly obtained a receipt therefor. The said application was enquired into by the J. L. R. O. , Taldanga who submitted the report in favour of the petitioner. Thereafter, a considerable period of time passed by, but nothing was intimated to the petitioner as to whether their application for the licence was considered and any order was made in favour or against them. Thereafter the petitioner made an application to the authorities concerned for intimating them as -to what happened to their application whereon 25. 1. 82 the Deputy Secretary, Govt. of West Bengal, Commerce and Industries Dept. (Mines Branch) intimated the petitioner by letter No. 406-Mines/ 2l-30/80 dated 22. 1. 32 that as the petitioner's application could not be disposed of within twelve months from the date of receipt of the same, it would be deemed to have been refused in terms of Rule 24 (3) of the Mineral Concession rules, 1960. That has been annexed as annexure C to the Writ petition. Thereafter the petitioner filed an application in revision to the Government of India on 6. 3. 82. This has been annexed as annexure D to the writ application. On 27. 5. 82 the Deputy , Secretary to the govt. of India Dept. of Mines by Memo no. 1/191/82-MIV intimated to the petitioner that the Central Govt. in exercise of their revisional powers under section 30 of the Mines Mineral (R and D)Act, 1957 and Rule 55 of the Mineral concession Rules, 1960 dismissed the revisional application as time-barred. This order has been annexed as Annexure E to the petition. Hence the instant Writ application has been made claiming the reliefs mentioned therein.
(3.) THIS application was moved before this Court on 17. 1. 83 whereon after hearing the petitioner this court directed the petitioner to serve copies on the respondents appearing (Nos. 3 to 5) for whom Mr. Das Gupta is appearing for maintaining status quo so far as the leasing out if china clay is concerned in the meantime. In the meantime an application for variation of the order has been filed on behalf of the respondent no. 6, Sri Sadananda Das. This application which was kept heard in part has come up for hearing today.;


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