ARJUN LAL SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) IN this writ application the petitioner has prayed for quashing of the order said to have been passed by the Deputy Commissioner, Ranchi and communicated to the petitioner vide a letter dated 5-12-2002, contained in Annexure - 6 to the writ petition under the signature of the District Mining Officer.

(3.) ACCORDING to the petitioner, under R.9(8) of the Bihar Minor Mineral concession Rules, the application for grant of mining lease has to be made accompanied by a statement in writing that the applicant, has. where the land is not owned by him, obtained, surface right over the area or has obtained the consent of the owners for starting prospecting operation and as per the aforesaid provision, the consent of the landlord, i.e. the recorded tenant has already been obtained and, therefore, in such a situation the respondents cannot refuse to renew the lease when it was already granted as far as back on 23-7-1986 and renewed from time to time. It is further submitted that the right over the land was not transferred by the raiyat, i.e. a member of Scheduled Tribes and, therefore, S.46 of the Chhotanagpur Tenancy Act has got no application.