YOGESH KHARE Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition takes exception to the order dated 5th April, 2012 passed by the respondent No.1 rejecting the petitioner 's representation for extending the lease period commensurate with the time spent by the petitioner in making representation for grant of relief by the appropriate Authority, as envisaged by the provisions contained in Section 8 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as ''the Act '').

(2.) THE respondent No.1 has rejected the representation filed by the petitioner on the finding that the excepted situation specified in Part -IX(4) of the lease deed was not attracted in the fact situation of the present case. The correctness of this view is the subject matter of this petition. The relevant admitted facts can be culled out as follows.

(3.) THE petitioner accordingly made representation for early decision and as was not successful in persuading the Authority, eventually filed writ petition in this Court in the year 2004 before the expiry of period of 10 years of mining lease specified in order dated 27th September, 1994. That writ petition, however, remained pending till 2011 and finally was disposed of with direction to the appropriate Authority to take a final decision on the representations made by the petitioner, Annexure P -4 and P -5 to the said writ petition. Notably, the decision of the Revisional Authority as well as learned single Judge of this Court in W.P. No.4758/2004 dated 18th February, 2011 have been allowed to attain finality by the respondents. The directions contained in the abovesaid decisions, thus, bound the respondents and, in particular, the appropriate Authority to consider the representation of the petitioner keeping in mind the mandate of Section 8 of the Act of 1957.