JUDGEMENT
-
(1.) Seeking a direction upon the Deputy
Commissionerrespondent no. 2 for issuance of Letter of Intent to
the petitioner, the present writ petition has been filed.
(2.) Briefly stated, the petitioner submitted application in FormA on 19.03.2015 for grant of mining lease over an area of
5.30 acres pertaining to Khata no. 20, Plot no. 282 situated at Mouza Loadih in PSPatratu within DistrictRamgarh. The said
application was duly received in the office of respondent no. 3
under receipt in FormB. The respondent no. 3 vide letter dated
20.03.2015 required the petitioner to submit certain documents within 15 days from the date of receipt of the said letter. The
learned counsel for the petitioner states that the petitioner's
application stood dismissed for noncompliance of the statutory
requirement and against the order of deemed refusal, the
petitioner preferred Revision Case No. 129 of 2015 which was
disposed of vide order dated 06.10.2015. It is contended that
the respondentDeputy Commissioner was directed to take a
decision within 90 days however, no decision has yet been taken
by the Deputy Commissioner and therefore, a direction needs to
be issued to the respondent no. 2 to take a decision on the
petitioner's application.
(3.) As against the above, Mr. Jai Prakash, the learned AAG opposing the prayer in the writ petition submits that the
petitioner has no legal right to seek mandamus for grant of Letter
of Intent for the mining lease for which an incomplete
application was submitted on 19.03.2015. The learned A.A.G
further submits that the petitioner cannot claim grant of mining
lease, as a matter of right.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.