AJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Special P.P., Mines for the State.

(2.) THE petitioners seek quashing of the order dated 1.2.2007 passed by the Collector, Nawadah in Case Nos. 13/06, 14/06 and 15/06 and the order dated 1.10.2008 passed by the Commissioner, Mines, Government of Bihar in Revision Case Nos. 14/07,15/07 and 16/07.

(3.) LEARNED Special P.P. Mines, on the other hand, submits that Rule 9(1) is the general rule for the grant of mining leases except of granite and the said rule is not confined to the manner in which the lease has been granted whether by filing of an application or by auction/tender and, therefore, all such mining lease of minor minerals except of granite is granted under Rule 9(1) and for the execution of the lease agreement with respect to the same the statutory period of 90 days shall apply to them. It is further submitted that there can be no question of extension of the period unless the applicant is able to satisfy the Collector that he is not responsible for delay in execution of the formal lease and not otherwise.