JISHAN ALI Vs. STATE

JUDGEMENT

(1.) Seeking a direction upon the Deputy Commissioner-respondent 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 Form-A 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 PS-Patratu within District-Ramgarh. The said application was duly received in the office of respondent no. 3 under receipt in Form-B. 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 non-compliance 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 respondent-Deputy 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.