E. S. VENKATARAMIAH, S. MURTAZA FAZAL ALI, Y. V. CHANDRACHUD
Nand Lal Jain – Appellant
Versus
State Of Bihar – Respondent
(1) HEARD counsel. Special leave granted.
(2) THE question in this appeal is whether the mining leaie in respect of fire-clay which was granted to the appellant should have been renewed or not. The central government declined, to entertain the appellants application for renewal of the lease on the ground that the application was not made within the time stipulated by law. It, however, appears from the order dated 7/06/1974 passed by the central government in another case [No. MV-1 (556)/78], that, in appropriate cases, the central government has the power to condone the delay caused in applying for renewal of the licence. If that be so, we do not appreciate for what special reasons the delay in-the instant case could not be condoned by the central government.
(3) ACCORDINGLY, we set aside the order dated 27/07/1978 of the Central government and direct that it will dispose of the application of the appellant for renewal of the lease on merits, keeping in mind the relevant provisions of law which govern the renewal of leases. By issuing this direction, we should not be understood as asking the central government to grant the renewal. It would be entitled to cons
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