M/S BAIJUDIH STONE WORKS, THROUGH ITS PARTNERS Vs. STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2015-9-165
HIGH COURT OF JHARKHAND
Decided on
September 18,2015
M/S Baijudih Stone Works, Through Its Partners
Appellant
VERSUS
State Of Jharkhand And Ors.
Respondents
JUDGEMENT
Shree Chandrashekhar,J. -
(1.) Aggrieved by order dated 26.6.2014 in Revision Case No. 290/2012 whereby, application seeking extension of time has been dismissed, the present writ petition has been filed.
(2.) The brief facts of the case are that, the mining lease for minor mineral stone was granted in favour of one Basudeo Chaudhary vide indenture of lease dated 19.7.2001. The lease period was for 10 years and the said lease was subsequently transferred in favour of the petitioner. In terms of permission granted by the State Government on 10.5.2008, indenture of lease dated 28.5.2008 was executed in favour of the petitioner. On 26.2.2011, before expiry of the lease period, the petitioner submitted an application for grant of renewal of mining lease however, the report from the Circle Officer, Dhanwar and the Divisional Forest Officer, Giridih was not received within the statutory period and therefore, the application seeking renewal of lease stood dismissed, which was communicated to the petitioner vide memo dated 8.11.2011. Thereafter, the petitioner preferred Revision Case No. 164/2011 under Rule 62 of the Jharkhand Minor Mineral Concession Rules, 2004, which was disposed of on 1.9.2012. Again, the petitioner preferred Revision Case No. 290/2012, which was dismissed vide order dated 26.6.2014.
(3.) Mr. Rajiv Ranjan, the learned Sr. counsel for the petitioner submits that within the time prescribed by the Commissioner, Mines, Environmental Clearance Certificate could not be produced by the petitioner and therefore, Revision Case No. 290/2012 was filed seeking extension of time. It is contended that the Environmental Clearance Certificate has been issued to the petitioner vide Memo dated 22.8.2014 and the same was received by the petitioner on 30.8.2014, however, in the meantime, Revision Case No. 290/2012 was dismissed on 26.6.2014. Referring to the orders passed in Revision Case No. 36/2013 and other cases vide Annexure-7 series, the learned Sr. counsel submits that in similar cases the Commissioner, Mines has granted extension of time.;
(2.) The brief facts of the case are that, the mining lease for minor mineral stone was granted in favour of one Basudeo Chaudhary vide indenture of lease dated 19.7.2001. The lease period was for 10 years and the said lease was subsequently transferred in favour of the petitioner. In terms of permission granted by the State Government on 10.5.2008, indenture of lease dated 28.5.2008 was executed in favour of the petitioner. On 26.2.2011, before expiry of the lease period, the petitioner submitted an application for grant of renewal of mining lease however, the report from the Circle Officer, Dhanwar and the Divisional Forest Officer, Giridih was not received within the statutory period and therefore, the application seeking renewal of lease stood dismissed, which was communicated to the petitioner vide memo dated 8.11.2011. Thereafter, the petitioner preferred Revision Case No. 164/2011 under Rule 62 of the Jharkhand Minor Mineral Concession Rules, 2004, which was disposed of on 1.9.2012. Again, the petitioner preferred Revision Case No. 290/2012, which was dismissed vide order dated 26.6.2014.
(3.) Mr. Rajiv Ranjan, the learned Sr. counsel for the petitioner submits that within the time prescribed by the Commissioner, Mines, Environmental Clearance Certificate could not be produced by the petitioner and therefore, Revision Case No. 290/2012 was filed seeking extension of time. It is contended that the Environmental Clearance Certificate has been issued to the petitioner vide Memo dated 22.8.2014 and the same was received by the petitioner on 30.8.2014, however, in the meantime, Revision Case No. 290/2012 was dismissed on 26.6.2014. Referring to the orders passed in Revision Case No. 36/2013 and other cases vide Annexure-7 series, the learned Sr. counsel submits that in similar cases the Commissioner, Mines has granted extension of time.;
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