M.P. LIME WORKS Vs. SECRETARY, CENTRAL GOVERNMENT

JUDGEMENT

(1.) THIS is a petition challenging Annexures H by which the Central Govt. has rejected the revision filed by the petitioner under Rule 55 of the Mineral Concession rules, 1960, holding that the revision was barred by 2 years.

(2.) THE petitioner applied for grant of prospecting licence of dolomite and soapstone over an area of 20 acres Kh. No. 14 part, in Mouza Lalpur which was granted for the period of 2 years. That the petitioner made an application for grant of mining lease. No order on the said application was passed for a period of one year. Consequently the said application suffered deemed rejection under Rule 24 (3) of the Mineral Concession Rules. Against the said deemed rejection the petitioner filed the revision -petition on 6.10.80. The said revision was sent by registered post. Annexure -D is the postal receipt. A sum of Rs. 100/ - was also deposited by the petitioner as required for filing the revision. The said revision memo appears to have been lost in the transit. As such another memo of revision was sent on 13.12.82. The Central Govt. after receiving the said memo held that since the revision has to be filed within 90 days from the date of order, the same was obviously barred by time. However, it did not consider the claim of the petitioner that it was already sent by registered post on 6.10.80. No reason has been given why the submission made by the petitioner that the revision memo sent by registered post, was not accepted.