JAINUL SHEIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application the petitioner has prayed for quashing of Annexure-4 i.e. the Order dated 16-8-2000 passed by the commissioner of Mines, Bihar, Patna in Revenue Case No. 357/92 whereby and whereunder he rejected the petition on the ground that the Petitioner had not furnished copies of the monthly /annual stock by 14-3-2000 as had been ordered by an earlier order dated 14-2-2000. The petitioner has made a grievance that the application for renewal was rejected without considering the merits of the case.

(2.) From the facts narrated it appears that on or about 14-8-1987, an area 2.70 acres situated on plot Nos. 252 and 253 in village Malipara in the district of Pakur was demised for a period of five years on the basis of an indenture of lease executed between the Deputy Commissioner, Sahibanj and, the Petitioner. The petitioner has stated that as per the provisions of the Bihar Minor Mineral Concession Rules, 1972, he filed an application for renewal of the lease on or about 31-12-1991 and the concerned authority issued necessary receipt therefor. From a perusal of the form of acknowledgment as contained at Annexure-2 it appears that the petitioner had deposited the application fee, Court fee stamps and two maps of the area in question.

(3.) The petitioner has stated that after filing the application for renewal which, according to him, had been filed in time, he had to wait for disposal of the said renewal application as per the time prescribed under Rule 22(c) of the Bihar Minor Mineral Concession Rules 1972.