In this writ petition, the High Court of Jharkhand directed the Mines Commissioner to dispose of a pending revision case expeditively within three months while disposing of the petition.
Direction to Respondent No. 2 to dispose of Revision Case No. 55 of 2015 within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2472 of 2018
Bijay Krishna Sahay
..... … Petitioner
Versus
Order No. 05 Dated: 28.01.2021
The present writ petition is taken up today through Video conferencing.
2. The present writ petition has been filed for quashing the order as contained in letter no. 594 dated 26.06.2003 (Annexure-3 to the writ petition) passed by respondent no. 4- the District Mining Officer, Giridih whereby the petitioner has been informed that the lease granted to him on 04.02.1997 for the purpose of mining of stone over the land appertaining to plot no. 547(p), Khata no.-33 Mouza- Chachghara, District- Giridih measuring an area of 1.50 acres, has been cancelled by the respondent no. 3 (the Deputy Commissioner, Giridih) and hence directed him to surrender the leasehold area to the concerned Mining Inspector. Further prayer has been made for issuance of direction upon the respondent no. 2- the Mines Commissioner, Department of Mines and Geology, Government of Jharkhand, to dispose of Revision Case No. 55 of 2015 which is still pending before the said authority.
3. Mr. Sumir Prasad, learned counsel for the petitioner, while arguing the case, submits that since Revision Case No. 55 of 2015 is still pending before the respondent no. 2, a direction may be issued to the said authority to dispose of the aforesaid revision case expeditiously.
4. Mr. Mohan Dubey, learned A.C. to A.G. appearing on behalf of the respondents, submits that he does not have any instruction as to whether the said revision case is still pending before the revisional authority.
5. Having heard the learned counsel for the parties and keeping in view the limited prayer made by the counsel for the petitioner, the respondent no. 2 is directed to make all possible endeavour to dispose of Revision Case no. 55 of 2015 (if not already disposed of) within three months from the date of receipt/production of a copy of this order.
6. The writ petition is disposed of with aforesaid direction.
(Rajesh Shankar, J.)
Ritesh/-
1 issue framed by the court
Whether a direction can be issued to the Mines Commissioner to dispose of a pending revision case.
Bijay Krishna Sahay
The State of Jharkhand
Mines Commissioner, Department of Mines and Geology, Government of Jharkhand
The Deputy Commissioner, Giridih
District Mining Officer, Giridih
Assistant Mining Officer, Giridih
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
