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2025 Supreme(Jhk) 1038

THE HIGH COURT OF JHARKHAND AT RANCHI 
RONGON MUKHOPADHYAY, ARUN KUMAR RAI, JJ.
Sushma Devi, wife of Late Kameshwar Sahu - Appellant 
Vs.
The State of Jharkhand - Respondent 
L.P.A. No. 54 of 2020 
Decided On : 15-01-2025

Advocates:
Advocate Appeared:
For the Appellant :Mr. Kanti Kumar Ojha, Advocate
For the Res.-State : Mr. Manish Kumar, Sr. S.C.-II

Timely compliance with statutory obligations is essential for the renewal of mining leases; delays and non-compliance can result in dismissal of appeals.

Headnote:

(A) Mines and Minerals (Development and Regulation) Act, 1957 - Renewal of mining lease - The appellant's application for renewal was rejected on grounds of non-submission of valid documents and unpaid statutory dues - The learned Single Judge affirmed the Mines Commissioner's decision, noting delays in the appellant's actions and lack of compliance with statutory requirements. (Paras 2-9)

(B) Delay and Laches - The court emphasized the importance of timely action and compliance with statutory obligations, highlighting that the appellant approached the court after seven years without addressing prior deficiencies. (Paras 3, 8)

Facts of the case:
The appellant challenged the rejection of his renewal application for a mining lease, asserting that he had subsequently deposited the statutory dues.

Findings of Court:
The learned Single Judge rightly dismissed the writ application, noting the appellant's delay and non-compliance with legal requirements.

Issues: The main issues were whether the learned Single Judge erred in affirming the Mines Commissioner's order and the implications of the appellant's delays and non-compliance.

Ratio Decidendi: The court ruled that the learned Single Judge's decision was justified given the appellant's inaction and failure to meet statutory obligations before seeking judicial intervention.

Result: Appeal dismissed.

JUDGMENT :

1. Heard Mr. Kanti Kumar Ojha, learned counsel appearing for the appellant and Mr. Manish Kumar, learned Sr. S.C.-II.

2. This appeal is directed against the order dated 22.07.2019 passed by the learned Single Judge in W.P.(C) No. 673 of 2017 whereby and whereunder, the challenge made to the order dated 06.10.2015 passed by the Mines Commissioner, Gumla in Revision Case No. 292 of 2012 was affirmed.

3. It has been submitted by Mr. Kanti Kumar Ojha, learned counsel for the appellant that though certain irregularities were found in the application preferred for renewal before the Deputy Commissioner but the said certificates were ultimately deposited and even the statutory dues of Rs. 63,442/- was deposited before the Mines Commissioner but the learned Single Judge had not considered these aspects of the matter while dismissing the writ application preferred by the appellant.

4. Mr. Manish Kumar, learned Sr. S.C.-II has submitted that the deposit of the statutory dues was after the order was passed in the revision by the Mines Commissioner. It has further been submitted that the revisional order of the Deputy Commissioner was also never challenged by the writ-petitioner.

5. It appears that the appellant/writ petitioner was granted a mining lease over Plot No. 623 (part) for crusher stone and an application was preferred by the appellant/writ-petitioner prior to the lease having lost its force on 13.12.2005 and since the Deputy commissioner was not disposing of the said application, a writ application was preferred being W.P.(C) No. 1151 of 2012 which was disposed of 15.06.2012 with the direction to the Deputy Commissioner, Gumla to dispose of the application preferred by the petitioner within a period of six weeks.

6. Vide order dated 15.09.2012, the application for renewal was rejected by the Deputy Commissioner, Gumla on the ground that certain valid documents were not furnished by the writ petitioner.

7. This resulted in the writ-petitioner approaching the Mines Commissioner in Revision Case No. 292 of 2012 but he was unsuccessful on account of fact that the statutory dues of Rs. 63,442 were not deposited by the writ-petitioner.

8. The learned Single Judge has taken into consideration the fact that though the renewal application was preferred by the writ-petitioner on 13.12.2005 but he had approached the Court for redressal of his grievance after seven years. The learned Single Judge has also taken note of the fact that the statutory dues were not deposited by the petitioner prior to disposal of the revision application by the Mines Commissioner. Though, the learned counsel for the appellant/writ-petitioner has submitted that the statutory dues have subsequently been deposited but there appears to be latches and delays on the part of the writ-petitioner as apart from approaching this Court after seven years with a prayer for disposing of the application which was pending before the Deputy Commissioner, Gumla there were certain necessary documents which were also not presented before the Deputy Commissioner, Gumla and the statutory dues which had accrued were also not deposited prior to the disposal of the revision application by the Mines Commissioner.

9. Such facts and circumstances have rightly been appreciated by the learned Single Judge while dismissing the writ application on 22.07.2019. We do not find any reasons to interfere in the said order and consequently, we dismiss this appeal.

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