LAL MADHUSUDAN NATH SHADEO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE question to be answered in this writ is whether lease holder petitioner, who sought approval for transfer of the lease to another person but did not execute the deed of transfer, is liable to pay the mining dues including the dead rent etc. against the mining lease?

(2.) THE petitioner was a mining lease holder under the Bihar Minor Mineral Concession Rules. The petitioners case is that the approval of the Collector was sought for transfer of the mining lease and that approval was granted by the Collector and before obtaining that approval, the respondent No. 4 had sworn an affidavit, by which he undertook to fulfill all formalities concerning mining lease. By Annexure -6 respondent State raised demand for dues against the petitioner and the petitioner seeks quashing of Annexure -6 on the ground that the lease stood transferred to respondent No. 4.

(3.) THE learned counsel appearing for the petitioner says that after approval was granted by the Collector, it was the duty of the contemplated transferee to get the deed of transfer registered or it was an affair between the State and the contemplated transferee and the petitioner -lessee had nothing to do as he became third petitioner.