VIMAL PARAKH Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) This petition is directed against order dated 25-08-2014 passed by the Collector in purported exercise of power under Rule 59, reviewing earlier prayer for grant of lease and cancelling the lease of the petitioner.

(2.) The sole ground, on which, the impugned order assailed is that the impugned order is in excess of jurisdiction in as much as, before reviewing the order of grant of lease, the Collector has not sought prior sanction of the Director, as mandatorily required under Rule 59 of C.G. Minor Mineral Rules, 1996 (In short "the Rules of 1996").

(3.) Learned counsel for the petitioner argued that the power of review conferred on the Director/Collector on its own motion, is circumscribed by preconditions. If the Collector proposes to review any order, he is required to first obtain the sanction in writing of the Director. This having not been done, the order is void as mandatory pre-condition of exercise of power has not been complied with. It is next submitted that in any case, no case for review is made out because sub rule (2) of Rule 59 provides that no order shall be reviewed except on the grounds provided for in the Code of Civil Procedure, 1908. The grounds, on which, the lease has been cancelled reviewing earlier order of grant of lease, is based only on new objections.