SUKHDEV PRASAD GOENKA Vs. OLPHERTS PVT LTD

JUDGEMENT

(1.) This appeal takes exception to the judgment of the learned single Judge dated 14.03.2014 passed in Writ Petition No.4001/2010. The appellant was respondent No.3 in the said writ petition filed by M/s Olpherts Pvt. Ltd.

(2.) As regards the appellant, the learned single Judge found as of fact that the appellant had failed to furnish No Dues Certificate in spite of being given opportunity to do so before 21.06.2004 vide notice dated 11.06.2004. In fact, the appellant failed to produce No Dues Certificate even at the time of hearing of the proceedings before the Authority on 03.09.2004. On this indisputable facts, the learned single Judge rejected the claim of the appellant for grant of fresh mining lease.

(3.) The argument of the appellant is that the learned single Judge has misinterpreted the provisions of Sub-Rule (2) of Rule 26 of the Mineral Concession Rules, 1960 (hereinafter referred to as "the Rules"). The argument proceeds that as per the said Sub- Rule, non-compliance of Clause (d) of Sub-Rule (3) of Rule 22 cannot be made basis for rejection of the application. Further, the learned single Judge has overlooked the legal position expounded by the Apex Court in the recent decision- Kalpnath Singh vs. Udai Nath and others, 2010 9 SCC 266, in particular paragraph 20 thereof.