UMA DEVI JAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) It has been argued from the petitioner's side that the petitioner's late husband had a mining lease for china clay. The said late husband had applied for renewal within time. It has been argued that there is a provision for renewal, but unfortunately, before the lease could be renewed, the husband of the petitioner died. Second application for renewal was made by the holder of the power of attorney. This second application, which actually amounts merely to a request to consider the pending application with substitution of the legal representative, was also within time, but was not considered on the ground that such application should be made by the legal representative and not by the attorney.

(2.) Whereupon, the petitioner made an application for renewal, which is said to be beyond time.

(3.) However, considering the fact that the original application for renewal filed by the late husband of the petitioner had not been disposed of, in the eye of law, this second application by the wife would merely amount to claiming a substitution in the pending renewal application, and has to be considered with that approach.