LAWS(PAT)-2011-3-86

DEEPAK KUMAR Vs. STATE OF BIHAR

Decided On March 25, 2011
DEEPAK KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) In all the aforesaid five cases, common issues are involved and hence they have been heard together and are being decided by this common order.

(2.) All the abovenamed Petitioners have filed their respective writ petitions challenging orders of the Collector, Nawada cancelling the leases of the Petitioners as well as the orders of the Commissioner of Mines, Govt. of Bihar, Patna dismissing the revisions of the Petitioners and affirming the orders of the Collector and also for declaration that the proceedings initiated against the Petitioners by the Collector on the basis of letter of the Additional Secretary, Mines & Geology, Govt. of Bihar, Patna with respect to the grant of mining lease to the Petitioners were absolutely without jurisdiction and were arbitrary, mala fide and were liable to be quashed and also for declaration that the Petitioners or their transferors were validly granted mining lease in the year 2001 for a period of ten years in exercise of powers under Rule 22 of the Bihar Minor Minerals Concession Rules, 1972 (hereinafter referred to as 'the Rules' for the sake of brevity) and as such the said mining leases could not have been legally cancelled before the expiry of the aforesaid period of leases and for further declaration that the mining leases of the Petitioners were granted prior to the change in the procedure for grant/renewal of lease and such change in the procedure was not applicable in relation to the cases of the Petitioners and for a direction to the Respondents to allow the Petitioners to continue the mining of minor minerals for the remaining period of lease.

(3.) From the arguments raised by learned Counsel for the parties as well as from the materials on record it is quite apparent that notices were published in the District Gazette of Nawada in the year 2001 under the authority of the Collector, Nawada in terms of Rule 22 of the Rules mentioning that the earlier leases having been cancelled, the respective lands were available for re-leasing and as such people were invited to apply for the same. In response to the said notice, the Petitioners of CWJC No. 268 of 2008, CWJC No. 241 of 2010, CWJC No. 465 of 2010 and CWJC No. 526 of 2010 filed their respective applications within the period prescribed for grant of fresh leases. However, the Petitioner of CWJC No. 493 of 2010 being the earlier lessee applied for renewal of his lease. Finally all the said applications were allowed by the authorities and mining leases for the respective areas were granted to them by the Collector, Nawada on 31.3.2001, 27.4.2001, 7.4.2001 and 9.4.2001 respectively. The said orders of the Collector are annexed to the respective writ petitions. Since then the Petitioners are continuing with mining on their respective lands strictly in accordance with the terms of the lease.