PABHAVATI BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned single Judge of this Court dated 19-11-98 dismissing the writ petition filed by Madhav s/o late Sh. Ambadas and Smt. Prabhawati. By the writ petition Madhav had prayed that the order of the Central Government holding that the revision petition, which is pending had abated on the death of Ambadas deserves to be set aside and the State Government be directed to consider the application for renewal of mining lease. The background of the case is that a mining lease with regard to soapstone was granted in favour of Ambadas by the State Government for a period of 14-4-71 to 13-4-91, i.e., for 20 years. As per the rules the lessee was required to apply for renewal of lease within one year prior to the expiry of the period of lease. Ambadas made an application for renewal of lease on 11th June, 1990. There is a provision of deemed refusal under the rules. Further, the deemed refusal was set aside by the Central Government vide order dated 19-4-91. By the said order of the Central Government the State Government was directed to decide the question of renewal of lease. However, the State Government rejected the application for renewal of lease on 31-3-92 on the ground of delay because as per the facts already noted the application for renewal of lease was filed by Ambadas not exactly before expiry of period of one year. It was delayed by about two months. Ambadas approached the Central Government again in view of the order of rejection of the prayer for renewal of lease by the State Government. The Central Government vide its order dated 9-4-92 clarified that the delay in filing the application for renewal of lease stood condoned when the Central Government set aside the deemed refusal and directed the State Government to decide the application for renewal on merits. In the meanwhile, Ambadas had also approached the Central Government on 5-4-92 by way of a revision filed against the order of the State Government rejecting his application for renewal of lease. The Central Government granted the stay order in favour of Ambadas on 1-5-92. Under it Ambadas continued his mining operations. Ambadas died on 22nd May, 1994. On 7-6-94 Madhav s/6 late Sh. Ambadas applied before the Central Government in the revision petition, which was pending before the Central Government for substitution in place of Ambadas in view of death of Ambadas. The revision petition came up for hearing before the Central Government on 1-7-94. The Central Government took a view that the cause of action in favour of Ambadas for renewal of lease was a personal cause, which came to an end with his death and, therefore, the revision was dismissed as having abated. This order was challenged by Madhav by way of filing writ petition, which was decided by the learned single Judge by the impugned judgment. In the impugned judgment the learned single Judge has observed as under :

(2.) Learned counsel for the appellant has drawn our attention to Rule 25-A of the Mineral Concession Rules, 1960, which runs as under :

(3.) Accordingly, the order of the Central Government dated 1st July, 1994 holding the revision to have abated on the death of Ambadas is hereby set aside. The effect of this will be that the Central Government is left only with the power to decide the question of condonation of delay in moving the application for renewal of lease by Ambadas. On this aspect the Central Government has already given its opinion on 9th April. 1992. Therefore, really there is nothing, which remains for decision of the Central Government. Delay in making the application for renewal of lease has already been condoned by the Central Government. What remains to be done now is the question of renewal of lease, which has to be considered by the State Government. Accordingly, we direct the State Government to decide the question of renewal of lease within two months from today.