MOHAMMAD ZUBAIR Vs. STATE OF M.P.

JUDGEMENT

(1.) Claiming that respondent No.3 without authority has refused to grant approval and permission for grant of mining lease, this writ petition has been filed in the year 2004.

(2.) Even though the matter was pending for more than 11 years, till date respondents have not filed any reply. However, considering the fact that a very short question is involved in the matter and for deciding the legal question involved, reply of the respondents is not necessary, with the consent of the parties, we proceed to decide the matter on merit.

(3.) Petitioner was granted a prospecting licence vide grant dated 29.11.2001 over an area 2.10 Hectare in Khasra No.109 of Bhaganwara, District Katni for the purpose of prospecting the availability of Dolomite and Lime stone mine in the area. The prospecting licence was for a period of one year. The grant was in an area belonging to a private Bhumi Swami of the petitioner. After concluding the prospecting, it is seen that petitioner applied for mining lease. The petitioner was directed by the State Government to submit the mining plan duly approved by respondent No.3 within six months. Petitioner prepared the mining plan and submitted the same to respondent No.3 on 28.7.2003. However, the respondent No.3 vide letter dated 7.1.2004 having refused grant of approval on account of the fact that the grant was not in consonance with the provisions of Rule 22-D of Mineral Concession Rules, 1960, petitioner has filed this writ petition.