Statutory timelines for lease renewal applications are directory, allowing for potential condonation of delays under Article 226, which includes the right to be heard before rejection of applications.

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. The present writ petition has been filed under Article 226 of the Constitution of India seeking following relief(s):

“(i) For issuance of an appropriate writ/order/direction, including Writ of Certiorari, for quashing order passed by Respondent-authorities as contained in Letter No. 507/M dated 22.05.2025 (Annexure-3), wherein application filed by Petitioner for renewal of its mining lease over an area of 4.60 acres situated at Mouza Kali Chatti, Khata No.23, Plot No. 10, District Giridih, has been rejected in a most illegal and arbitrary manner.

(ii) For issuance of further appropriate writ/order/direction, including Writ of Mandamus, directing Respondents to consider and consequentially grant renewal of mining lease in favour of Petitioner, pertaining to mining lease of stone boulders over an area of over an area of 4.60 acres situated at Mouza Kali Chatti, Khata No.23, Plot No. 10, District Giridih for a period of 10 years commencing from 06.11.2024 to 05.11.2034 and consequentially grant lease in favour of Petitioner over the aforesaid area.

(iii) For issuance of further appropriate writ/order/direction, including Writ of Declaration, declaring that amendment carried out under Jharkhand Minor Mineral Concession Rules, 2004 (for short 'JMMC Rules') vide Jharkhand Minor Mineral Concession (Amendment) Rules, 2017 (Annexure-4), Jharkhand Minor Mineral Concession (Amendment) Rules, 2019 (Annexure-5) and Jharkhand Minor Mineral Concession (Amendment) Rules, 2020 (Annexure-6) do not prohibit grant of renewal of mining lease, but only provides, inter alia, that any new lease over 3 hectares of land would be granted in terms Jharkhand Minor Mineral (Auction) Rules, 2017 (Annexure-7).”

2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, which read as under:

(i) It is the case of the writ petitioner that petitioner was granted mining lease over an area of 4.60 acres situated at Mouza Kali Chatti, Khata No.23, Plot No. 10, District Giridh for a period of 10 years commencing from 06.11.2014 to 05.11.2024. Prior to expiry of mining lease deed, the petitioner on 19.9.2024/20.9.2024 filed an application for renewal of mining lease in statutory Form ‘F’ and along with renewal application also enclosed requisite challan towards deposit of Renewal Fee of Rs. 5,000/- but the same was rejected by the respondent and vide order contained in Letter No. 507/M, dated 22.05.2025, it has been communicated to the petitioner that its application for mining lease has been rejected on the ground that the application has not been filed within the stipulated time.

(ii) In context of above, it is stated that petitioner’s mining lease expired on 06.11.2024 and in terms of Rule 23(1) of JMCC Rules, application for renewal could have been filed minimum 90 days prior to expiry of mining lease i.e. up to 14th/15th August, 2024. However, petitioner filed its application for renewal on 19th/20th September, 2024, delay of about 35 days in filing of the renewal application.

(iii) It is stated that the period prescribed of 90 days for filing application for renewal prior to expiry of mining lease, is merely directory in nature and not mandatory. Even if it is presumed that an application for renewal of mining lease is to be filed prior to 90 days of expiry of mining lease, said period of limitation prescribed is a condonable period of limitation for making application and there is no bar of applicability of Section 5 of Limitation Act, 1963 in that regard.

(iv) The aforesaid fact is further fortified from the fact that Rule 23(1)(e) provides that if application for mining lease is not decided within the stipulated time, the mining lease would be deemed to have been extended for a further period of 90 days o