SUSHMA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the order dated 06.10.2015 passed by the Mines Commissioner, Gumla in revision case No.292/2012 by which the revision application has been rejected by the Mines Commissioner on the ground that the petitioner has failed to make payment of government revenue in time.

(2.) The brief facts of the case of the petitioner as per the pleadings made in the writ petition is that a mining lease was granted in favour of the petitioner in the district of Gumla over Plot No.623 (Part) for crusher stone, the lease having been lost its force but prior to it, an application has been filed by the petitioner on 13.12.2005 for its renewal but no decision has been taken by the authority and after waiting for certain time, the petitioner has approached before this Court by filing a writ petition being W.P.(C) No.1151 of 2012 which was disposed of vide order dated 15.06.2012 directing the Deputy Commissioner, Gumla to dispose of the petitioner's application dated 13.12.2005, within six weeks from the date of receipt/production of a copy of order, if not already passed, in pursuance thereto, the Assistant Mining Officer, Gumla has communicated vide letter No.813 dated 17.09.2012 about the decision taken by the licensing authority i.e., the Deputy Commissioner who vide order dated 15.09.2012 has rejected the aforesaid application on the ground that the application was submitted in absence of the valid document as also the environmental clearance certificate even after the notice being issued in this regard, the relevant documents could not have been submitted.

(3.) The petitioner has approached before the Mines Commissioner under its revisional jurisdiction which was registered as Revision Case No.292 of 2012, the revisional authority has been apprised with the dues which was lying pending upon the petitioner to the tune of Rs.63,442/- and therefore, he, by passing order on 21.07.2015 has directed the petitioner to clear all statutory dues before 19.08.2015 then only the matter shall be heard but the petitioner even after the aforesaid direction, has not paid the said defaulted amount which resulted into the rejection of the revision petition with a direction to initiate certificate proceeding against the petitioner for relaxation of the government revenue, against the aforesaid order passed by the Mines Commissioner, the present writ petition has been filed.