- (1.) Heard.
(2.) It is submitted by Mr. Das, learned counsel appearing for the petitioner, that petitioner was granted mining lease for stone on 13.3.2003 but he was stopped from working the mine by order dated 8.12.2004 ( Annexure-2) on the ground that the land in question falls within the forest area. Accordingly, petitioner stopped mining.
(3.) Thereafter, petitioner collected documents from the forest department ( Annexures-3 and 4), from which it appeared that the mining land in question was not within the forest area. In the meantime, by letter no. 1039 dated 22.9.2006, lease of the petitioner was cancelled on the ground of not continuing mining activity and not paying the arrear dues within time ( Annexure-5). It is further submitted that as petitioner was stopped from doing mining work, and therefore the lease could be cancelled on the said grounds and moreover petitioner was not given opportunity of hearing, before cancellation, as provided in Rule 23 (3) of Jharkhand Mineral Concession Rules, 1972.;