BAKSHISH HUSSAIN KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) In the present writ petition, the petitioner has prayed for quashing of order dated 03.05.2006/24.05.2006 passed by the Mines Commissioner, Jharkhand in revision case no. 50 of 2004, whereby the order of premature termination of petitioner's mining license has been upheld. It has also been prayed inter alia for issuance of direction upon the respondents to consider the case of the petitioner for grant of mining lease afresh by taking into account that the petitioner was granted lease over the land in question by the sanctioning authority after making due verification and necessary enquiry.

(3.) Learned counsel for the petitioner submits that in respect of plot no. 393(part) having an area of 3 acres of land situated under mouza kulkullidangal of the District Dumka, a mining lease for stone was granted in the year 1994 for a term of 5 years after observing all formalities, necessary enquiry and verification conducted by the Circle Officer, Shikaripara. The Circle Officer, Shikaripara by his report dated 03.12.1993, affirmed the fact that the area in question is recorded as gochar in the record of rights which is out of the forest area and the same is also rocky. It was also reported by the Circle Officer that due to extraction of the stones from the land in question, there has been a ditch and the same is not fit for grazing. The petitioner on the basis of aforesaid lease was carrying on the business of stone quarrying and was regularly paying the royalty etc. to the government.