Mr. Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) In the instant writ petition petitioner has challenged the order dated 16.10.2014(Annexure-9) passed by the Respondent no.2, Mines Commissioner, Ranchi in Revision Case No. 13 of 2010 whereby his application for renewal of mining lease has been rejected. Petitioner was awarded mining lease for quarrying stone over an area of 2 Acres in Village Paharpur, Dist. Dhanbad for a period of 10 years with option of renewal vide registered lease no. 1802 dated 9.6.2009. In terms of Rule 23 of the Jharkhand Minor Mineral Concession Rules 2004 he made an application on 21.2.2009 for its renewal. Petitioner was asked to submit up to date royalty clearance certificate; figures of production and dispatch of previous 3 years; copy of registered mining lease, by the Respondent no.4, District Mining Officer, Dhanbad vide letter dated 27.2.2009.
(3.) According to the petitioner his application was hit by deemed rejection and communicated through letter dated 21.10.2009 on account of the fact that royalty clearance certificate was not supplied to him despite making regular payments of royalty, dead rent since January 2006 totalling Rs.1,10,855/-. He preferred a Revision Application no. 13/2010 against the order of deemed rejection dated 21.10.2009, before the Mines Commissioner, Jharkhand. The same was rejected vide order at Annexure-2 dated 31.5.2010 by the Respondent no.2. Petitioner, however made a prayer for modification of the order dated 31.5.2010. Taking note of the stand of the parties, by the order dated 4.10.2010(Annexure-3), the Mines Commissioner, Jharkhand directed the Deputy Commissioner, Dhanbad to decide the matter on merit provided petitioner pays up the demand, within 90 days of the order in accordance with the provisions of Jharkhand Minor Mineral Concession Rules, 2004. The order dated 31.5.2010 was amended accordingly after coming to a finding that there was serious flaw in reconciliation of accounts and adjustment of mining dues. The Opposite Party no.2 therein was directed to make final assessment order in the light of provision of Rules of 2004 within 30 days. Petitioner claimed to have deposited an amount of Rs.1,86,000/- through Bank Draft No.04954 dated 1.10.2010 as per the letter of the same date(Annexure-4) addressed to the District/ Assistant Mining Officer towards payment of royalty, dead rent in respect of the mining lease in lieu of the demand dated 11.2.2010(Annexure-1) up to December 2009.;