Rights under mining law cannot be claimed without compliance to submission procedures; failure to submit in required format negates any accrued rights.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer:

1. The instant writ petitioner has been filed under Article 226 of the Constitution of India for the following relief(s):

“A. For the issuance of appropriate writ(s)/ order(s)/direction(s) in the nature of certiorari for quashing the order contained in letter No. 1043 dated 07.05.2019 (Annexure-9) issued under the signature of Respondent- Director, Mines whereby and whereunder the application of the petitioner for grant of Mining Lease over an area of 11.21 Hect. at village Charghara and Khedawara in the District of Giridih for granite which had been discovered under the prospecting license/area of the petitioner has been cancelled.

B. For the issuance of appropriate writ(s)/ order(s)/direction(s) in the nature of Mandamus for a direction upon the Respondent authorities to take a decision on the application of the petitioner for mining lease of Granite, a minor mineral with reject stone etc. dated 25.8.2016 while considering the fact that in terms of letter No.9 dated 03.01.2018 issued under the signature of the then Director, Mines, the petitioner has deemed prospecting licence of Granite in terms of Rule-14(1)(5) of the Mineral Concessions Rules, 1960 and under section 25 of the M.M.D.R. Amendment Act 2015 and hence, the provisions of 11 (Gha) of J.M.M.C. Rules, 2004 is not applicable with respect to the petitioner.

C. For the issuance of appropriate writ(s)/ order(s)/direction(s) upon the Respondents showing them cause as to how and under what circumstances and authority, they had appointed private consultants to recommend for grant of Mining Lease which amounts to interference in the discharge of statutory proceeding under MMDR Act, 1957/JMMC Rules, 2004 and to further spell out the reasons as to how and under what circumstances a deemed prospecting license shall be held to be time barred.

And/or

The petitioner prays for any other or further order/orders which Your Lordships may deem fit and proper in the interest of justice.”

Facts:

2. The brief facts of the case, as per the pleadings in the writ petition which requires to be enumerated herein, read as under:

An application for prospecting licence under Mineral Concession Rules, 1960 for Magnetite dated 16.2.1993 was filed by Smt. Karuna Devi Agrawala over 138.650 hectares in village Charghara and Khedwara, P.S. Birni, District Giridih.

The then State of Bihar examined and processed the application as per law and recommended the same before Ministry of Mines, Government of India, who in turn granted approval of Central Government under Section 5(1) of Mines and Minerals (Development and Regulation) Act, 1957 for grant of prospecting licence of Magnetite over corrected and revised area of 147.66 Acres for a period of three years in favour of Smt. Karuna Devi Agrawala.

The State of Bihar granted prospecting licence for Magnetite in favour of Smt. Karuna Devi Agrawala over 147.66 Acres for a period of three years vide order contained in Memo No.3977 dated 13.11.2000 and accordingly the Deputy Commissioner, Giridih executed the prospecting licence in favour of Smt. Karuna Devi Agrawala over 147.66 Acres for a period of three years with effect from 20.12.2000. The said prospecting licence was registered on 21.12.2000 before District Sub Registrar Giridih.

Thereafter, the Licensee filed an application for renewal of said prospecting licence for a period of two years on 16.09.2003 which eventually was deemed to be extended under Rule 11(2)(b) of Mineral Concession Rules, 1960.

The Licensee, after having conducted prospecting operation