LAWS(JHAR)-2012-10-29

CHANDRA SHEKHAR ALANI Vs. STATE OF JHARKHAND

Decided On October 09, 2012
CHANDRA SHEKHAR ALANI Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner is aggrieved by the order dated 03rd July 2007 passed by the Deputy Commissioner, Pakur (Respondent No. 3) in R.M.P. Case No. 23 of 2006 on remand by the Revisional Authority i.e. Mines Commissioner, Jharkhand, Ranchi (Respondent No. 2) in Revision Case No. 36 of 2005, whereby the respondent no. 3 has allotted the lease for minor minerals in favour of M/s Dani Nath Stone Works (respondent no. 5) in respect of mining lease area over Dag No. 226, Block No. 23 having an area of 4.23 acres of Mouza-Mal Pahari.

(3.) IN terms of Rule 13(iii) of the Jharkhand Minor Mineral Concession Rules, 2004, the eligibility criteria for fresh lease to an applicant is to be considered taking into account the financial strength and stability of the applicant. Since it was found that the family members of the petitioner i.e. his father, grandfather and grandmother have huge outstanding dues against the royalty due to the Government for earlier lease hold land for mining minerals, the competent authority did not consider it proper to grant lease in favour of the petitioner and it cannot be found fault with.