KRISHNA MINERAL AGENCY Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF MINES AND GEOLOGY, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the Respondents.

(2.) In the instant writ application, the petitioner Krishna Mineral Agency through its proprietor Sushil Kumar Bajaj has challenged the order dated 15.07.2009 passed by learned Mines Tribunal, New Delhi in R.C. File no. 05(02)/2008-RC-I, whereby it has set aside the order dated 21.02.2008, passed by the State Government, rejecting the claim of respondent no.10. The Tribunal further directed the Government to reconsider the matter again in consultation with Indian Bureau of Mines.

(3.) The petitioner's case is that he had applied for grant of lease in 47 acres of land including the present disputed area, measuring 2.66 acres of land appertaining to plot no. 537, 538, 539, 540, 541, 369 and 371 in Mauza Shankarpur in the town and district Munger, over which respondent no.10 is making his claim. However, the Mining Officer informed in 1997 that only 23.90 acres of land are available for mining purpose. According to petitioner, one Darshan applied for grant of lease for an area of 2.66 acres. The State Government on 06.09.1983 rejected his application on the ground that proposed site is adjacent to the road for going to Micro-wave station and Dargah. Shree Darshan preferred revision application and writ up to this Court against Memo no. 4996, dated 06.09.1983 of State Government, which was rejected up to High Court. He submits that Shree Darshan in 1991 formed a private limited company in the name and style of M/S Neha Minerals (P) Ltd, and became its Managing Director. Shri Darshan applied for grant of lease for the aforesaid 2.66 acres of land in the name of M/S Neha Minerals (P) Limited. The Director, Department of Mines, Government of Bihar, wrote a letter to Respondent no.10 that the lease in question can be granted to him, subject to fulfilling three conditions mentioned therein.