Hakim Momin Vs the State of Jharkhand

…. …. Respondents CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner :- Mr. Kanti Kumar Ojha, Advocate For the State :- Mr. Mohan Kumar Dubey, A.C. to A.G.

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Order No. 05 Dated: 17.02.2021

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The present case is taken up today through Video conferencing.

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2. The present writ petition has been filed for quashing the order as contained in memo no. 48/M dated 06.01.2020 (Annexure-7 to the writ petition) passed by the respondent no.3- the Deputy Commissioner, Pakur whereby the petitioner’s application for approval of stone mining lease over the land appertaining to Jamabandi nos. 36, 40, 66, 78, 88, plot nos. 761 to 764, 803/P, 808, 809, 810, 813, 815 to 820, 822, 828, 832/P, 833/P, 834/P, Mouza- Hathigarh No.-03, Circle- Littipara, District- Pakur measuring an area of 10.23 acres, has been rejected on the ground that the said application is time barred.

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3. Having heard the learned counsel for the parties and keeping in view that the petitioner has efficacious/statutory remedy of preferring revision under rule 62 of the Jharkhand Minor Mineral Concession Rules, 2004 before the Mines Commissioner, Jharkhand, I am not inclined to entertain the present writ petition at this stage.

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4. The writ petition is accordingly dismissed as not maintainable. However, if the petitioner prefers revision before the Mines Commissioner, Jharkhand within 15 days from today along with limitation petition for condonation of delay, the same shall be considered liberally by the Mines Commissioner, Jharkhand and the revision shall be disposed of on merit expeditiously.

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(Rajesh Shankar, J.)

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Ritesh/-

Hakim Momin v. the State of Jharkhand

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Hakim Momin v. the State of Jharkhand

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