IN THE HIGH COURT OF ALLAHABAD
R. DAYAL, T. P. GARG
VIRENDRA SAHNEY - Appellant
Versus
DISTRICT OFFICER/collector, MAU - Respondents
C. M. W. P. 22831 Of 1995
Decided On : 05/08/1996
MINING LEASE - JURISDICTION OF DISTRICT OFFICER - CANCELLATION OF LEASE - REVIEW OF EARLIER ORDER - POWER OF REVIEW NOT INHERENT - CLERICAL OR ARITHMETICAL MISTAKE - CORRECTION OF MISTAKE - JURISDICTION OF DISTRICT OFFICER - APPEAL - WRIT JURISDICTION.
Fact of the Case:
The petitioners were granted mining leases for sand by the District Officer, Mau, in pursuance of a notice inviting applications. Subsequently, the District Officer cancelled the leases on the ground that the applications of certain other persons had not been considered at the time of granting the leases due to a clerical mistake. The petitioners challenged the cancellation order by way of a writ petition.
Finding of the Court:
The Court held that the District Officer did not have the jurisdiction to cancel the leases granted in favor of the petitioners. The power to review an earlier order is not inherent in an administrative authority and must be specifically conferred by law. Rule 61 of the U.P. Minor Minerals (Concession) Rules, 1963, which empowers the State Government or any other competent authority or officer to correct a clerical or arithmetical mistake in any order passed under the rules, does not apply to the present case. The mistake in the present case was not a clerical or arithmetical mistake, but a mistake in the application of the rules. Therefore, the District Officer had no jurisdiction to cancel the leases.
Issues: 1. Whether the District Officer had the jurisdiction to cancel the mining leases granted in favor of the petitioners? 2. Whether the power of review is inherent in an administrative authority? 3. Whether the mistake in the present case was a clerical or arithmetical mistake?
Ratio Decidendi: 1. The power to review an earlier order is not inherent in an administrative authority and must be specifically conferred by law. 2. Rule 61 of the U.P. Minor Minerals (Concession) Rules, 1963, which empowers the State Government or any other competent authority or officer to correct a clerical or arithmetical mistake in any order passed under the rules, does not apply to the present case. 3. The mistake in the present case was not a clerical or arithmetical mistake, but a mistake in the application of the rules.
Final Decision: The Court allowed the writ petition and quashed the impugned order cancelling the mining leases granted in favor of the petitioners. A mandamus was also issued directing the respondents not to interfere with the mining work of the petitioners.
( 1 ) IN this writ petition brought under Article 226 of the Constitution, primary question for consideration is whether the District Officer/collector has the jurisdiction to set aside and cancel his earlier order granting mining lease in favour of a person merely because the applications of certain others had not been considered at the time of granting the earlier lease as those applications were defective and no opportunity had been granted to remove the defects.
( 2 ) THE Collector, Mau issued a notice dated 24-4-1995 inviting applications for grant of mining lease under Chapter II of the U. P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred as the Rules ). In pursuance of that notice, 26 applications including the two made by the petitioners were received by the Collector. By an order dated 5-7-1995 mining leases were granted in favour of the petitioners. Accordingly, petitioner No. 1 was directed to deposit Rs. 3,21,300. 00 and petitioner No. 2 Rs. 86,062. 50p. within a period of seven days. The petitioners deposited the said amount within the specifiedperiod. In all, petitioner No. 1 has deposited Rs. 6,42,600. 00 and petitioner No. 2 Rs. 1,72,125. 02. On 15-7-1995, respondent No. 2 who is Khaniz Prabhari/mines Officer Incharge district Mau, issued orders permitting petitioner No. 1 to do mining work in lot No. 1 and petitioner No. 2 in lot No. 2. Both the petitioners started mining work on 18-7-1995 and have been doing work of mining/excavation/lifting of sand since then, Form MM-11 duly signed by the District Officer was also issued to the petitioners to enable them to take away the minerals. There is no dispute that the petitioners complied with all the directions issued by respondents 1 and 2 and no default of any type was committed by them. Thereafter, complaints were received from several persons by the Collector stating that their applications for grant of mining lease had not been considered and the same had been rejected on account of clerical mistake. Thereupon, the Collector issued a notice dated 31-7-1995 to the petitioners inviting their replies. Accordingly, the petitioners filed their replies. By the impugned order dated 14-8-1995, the District Officer, Mau cancelled all the proceedings which had resulted in grant of the two leases concerning lot Nos. 1 and 2 on 5-7-1995 in favour of the petitioners and directed the issue of a fresh notice inviting applications. More than one ground was raised by the persons who challenged the grant of mining leases in favour of the petitioners. However, only one ground found favour with the District Officer. The impugned order (Annexure 13) states that when the applications were received, they were treated to be complete, but subsequently when they were scrutinised under Rule 7, it came to light that they were incomplete and so they were rejected, but if they had not been treated to be correct initially, the applicants would have removed the defects and thus a clerical mistake had occurred and so, the impugned other needed to be corrected under Rule 61 of the Rules. The petitioners have alleged that under Rule 61 only clerical and arithmetical mistakes can be corrected and since no such mistake had occurred, the power exercised by respondent No. 1 is without jurisdiction. The petitioners have also averred that besides depositing more than Rs. 8 lac towards royalty and security they have further invested more than Rs. 5 lac" in making the approach road up to the river side as there was a big cavity and big land heap and any vehicle was not able to approach the river bank for loading of the sand" and all this had to be done in view of Rule 40 of the Rules. The case of the petitioners is that if the respondents are not restrained from interfering with the mining work of the petitioners on the basis of the leases granted to them, irreparable loss and injury would be caused to them. They have sought a writ, direction or order in the nature of certior
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