INDUS SMELTERS LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed by the writ appellant against the order dated 13-08-2012 in W.P. No, 1328/2012, passed by learned Single Judge whereby the writ petition filed by the appellant herein has been dismissed.

(2.) By the impugned order learned Single Judge dismissed the appellant's writ petition and affirm the order dated., 10-04-2012 (Annexuie P-l), passed by the Central Government in revision application No. 12/31/2011-RC-II under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as "the Act, 1957') read? with 55 of the Mineral Concession Rules, 1960 (for short 'Rules I960').

(3.) Facts of the case in nutshell are that the appellant had suffered one adverse order dated 18-11-2009 passed by the State Government on an application made by them for grant of prospecting licence under the Act, 1957 in respect of one area in the village Kalwar, Tahsil Bhanupratappur, District North Bastar - Kanker. The appellant filed a revision under Section 30 of the Act, 1957 being Revision Petition No. 12/31/2G11-RC-11 before the Central Government questioning the legality and propriety of the order dated 18-11-2009. According to Central Government, this revision was not filed within three months as required under Section 30 of the Act, 1957 and therefore, it was liable to be dismissed on the ground of limitation. The revisionary authority therefore, dismissed the revision application filed by the appellant as being barred by limitation by around two years. It was held that the appellant was not able to plead and satisfy the sufficiency of cause in filing the revision beyond the period of limitation. It is against this order the appellant filed a writ petition out of which this appeal arises. The learned Single Judge dismissed the writ petition and affirmed the order passed by the Central Government.