MINERALS AND MINERALS LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioner M/s. Minerals and Minerals Ltd. prays for issuance of appropriate writ directing the respondents to grant mining lease to the petitioner as directed by respondent No. 2, Revisional Authority and further for an order restraining respondent No. 3 from doing any mining activities in respect of the aforesaid land pursuant to order passed by Subordinate Judge 1, Gumla in Title Suit No. 28 of 1992.

(2.) The case of the petitioner in brief is that pursuant to a notification issued by Govt. of Bihar dated 19-10-1968, petitioner applied under Rule 22 of the Mineral Concession Rules, 1960 (in short the Rules) for grant of mining lease for Bauxite over an area of 1475 acres in village Bimrla, Barang, Manatu, Korla, Chagra in the district of Ranchi (now Gumla). The said application which was filed on 23-12-1968 was not disposed of within 12 months and consequently petitioner filed revision application on 15-4-1970 before the Central Government under Rule 54 of the said Rules against the deemed refusal to grant mining lease. The said revision application was rejected by the Central Government on the ground that by notification dated 6-5-1970 the Govt. of Bihar reserved the entire Bauxite bearing area in the district of Ranchi and Palamau for prospecting and exploration in the Public Sector and no area was available for grant of mining lease. Petitioner aggrieved by the said order filed writ petition under Article 226 of the Constitution of India before the Delhi High Court being CWJC No. 332 of 1970. The Delhi High Court passed interim order dated 24-7-1972 directing the State Government not to grant any lease in respect of the area applied for by the petitioner to any other private applicant until further order of the Court and the said interim order was confirmed by judgment dated 7-2-1985. The writ petition was allowed and the order passed by the Central Government was quashed and the matter was remanded to the Central Government to hear and decide afresh the revision application of the petitioner.

(3.) Petitioners further case is that in the meanwhile, by notification dated 20-12-1982 published in Bihar Gazette dated 12-1-1983,-- the Government of Bihar de-reserved the aforesaid Bauxite bearing area and it was made available for re-grant to the interested persons. Thereafter, the revision application of the petitioner was disposed of by the Central Government by order dated 21-2-89 remanding the matter to the State Government for decision on the application filed by the petitioner for grant of mining lease. But in view of the order obtained by respondent No. 3 from, Calcutta High Court allowing him to operate Bauxite Mining Area the State Government could not disposed of application of the petitioner. It is contended by the petitioner that the petitioner approached the Calcutta High Court by filing application for being impleaded as party respondent and the same was allowed and ultimately writ petition filed by respondent No. 3 in the Calcutta High Court was dismissed. Petitioners case is that the State Government is not considering the application of the petitioner for grant of mining lease.