ASHOK KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India is directed against the order of the Commission of Mines or Geology, contained in Annexure I, setting aside the order of the Collector of Bhojpur who had accorded sanction for the mining lease in respect of 10.25 acres of sandy land for collection of sand in favour of the petitioner. One of the grounds which have been assigned by the Commissioner for interfering with the order of the Collector is that the respondent No. 5 Shri Jalad Narayan Singh had made the application for mining earlier than the petitioner.

(2.) Little facts may be stated. The plots in question are Nos. 3094 and 3096 having a total area of 25 acres. In the year 1980 the entire area was settled with respondent No. 5 on rejecting the other applications, but he. For some reasons, did not execute the lease, which occasioned for making a fresh settlement. When applications were invited the petitioner a well as respondent No. 5 again applied for the settlement of the total area. The Collector, however, granted a lease in favour of respondent No, 5 for 14.75 acres and to the petitioner in respect of 10.25 acres out of the total area. The petitioner executed the case document in respect of the said area of 10.25 acres but the respondent No, 5 took the matter in revision before the Commissioner under Rule 45 of the Bihar Minor Mineral Concession Rules, 1972 (for short 'the Rules'). The Commissioner in the impugned order has recorded the following conclusions. The events of 1970-80 were not relevant for the year 1981 and there was no reason for rejecting the application of respondent No. 5 in respect of 10.25 acres and giving it to the petitioner. Earlier, he has referred to the fact that the application of respondent No. 5 was earlier in point of time and that he could give preference to the petitioner only after obtaining prior approval of the State Government and that having not been done, the lease in favour of the petitioner was illegal.

(3.) This necessitates reference to some of the provisions of the Mines and Minerals (Regulation and Development) Act 1967 (for short 'the Act'). "Minor minerals" have been defined under Clause (a) of Section 3 as follows: