- (1.) THE petitioner has prayed to quash the order dated 9.9.2002 (Annexure -6) passed by the Sub -Divisional Magistrate, Rajmahal in Cr. Misc. No. 451 of 2001 whereby the petitioner was restrained from operating the lease hold mines.
(2.) THE petitioner is the proprietor of Victor Mining Industries and the mining lease hold area had been leased by the State Government in the name of his mother late Karuna Noel Hembrom on 16th May, 1985 for a term of 20 years and on 11th August, 1981 by a lease deed executed on 16th May, 1995. The area consists of 36.5 acres at village Saidhpur Buzmrug No. 21. Besides those areas there are other plots included in the lease deed after the death of his mother. Petitioner filed application dated 14th September, 1995 requesting the Government of Bihar to allow him to operate the mining works for the remaining period of lease as successor of his mother. Additional Secretary, Mines and Geology Department. Government of Bihar allowed the petitioner to succeed his mother as a leassee and granted permission to operate the mines. Prior to the expiry of the lease period petitioner applied for renewal of the lease on 17th December, 1999. As per direction he submitted document to the respondent Assistant Mining Officer, Sahebganj but the Deputy Commissioner, Sahebganj on the report of the Sub -Divisional Officer by order dated 14th December, 2001 ordered to stop the mining work and a proceeding under Section 133 of the Cr PC was started and by the impugned order under challenge the Rule was made absolute under Section 136 and 138 of the Cr PC against this petitioner. Learned counsel for the petitioner has submitted that admittedly the petition for renewal of mining operation is pending before the authorities. Section 22 sub -section (c) provides that : '' "If an application for the renewal of a mining lease made within the time referred to in sub -rule (1) is not disposed of by Collector before the date of expiry of the lease, the period of that lease shall be deemed to have been extended by a further period of 90 days or ending with the date of receipt of the orders of the Collector thereon, whichever is shorter."
(3.) IN this present case the order has been passed on the application for renewal of the mining lease operation hence as per the provision referred to above it shall be deemed for mining lease is still continuing till the application is disposed of.;