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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1729 of 2013 Jay Durga Minerals ....Petitioner Versus The State of Jharkhand & others ... Respondents -------- Coram: THE HON'BLE MR JUSTICE P.P. BHATT -------- For the Petitioner : Mr. Ayush Aditya, Advocate For the Respondents: J.C. to A.G. & Mr. Prabhash Kumar, Advocate /20.3.2013: Petitioner, by way of filing the present writ petition under Article 226 of the Constitution of India, has prayed for issuance of an appropriate writ/ order/ direction upon the respondent-Deputy Commissioner, West Singhbhum to decide T.A. Misc. Case No. 55/2012-13 on the basis of recommendations made by the Circle Officer and Sub-Divisional Officer without further delay as the said application was filed way back on 23.5.2012 and which is pending since then. Learned counsel for the petitioner, at the outset, clarified that at present he confined his prayer with regard to application made by him for renewal of lease. Learned counsel for the petitioner submitted that so far other prayers are concerned, at this juncture, he does not want to press. Heard the learned counsel for the petitioner as well as respondents and perused the materials placed on record. It appears that the present petitioner was granted permission under Section 49 of the CNT Act in the year 2007 in T.A. Misc. Case No. 71/2006-07
vide its permission dated 16.8.2007 for a period of 5 years, which was operational till 15.8.2012. Subsequently, petitioner applied for renewal of the same on 23.5.2012. Thereafter, DCLR (Legal) issued public notice vide Annexure-2 dated 4.12.2012 inviting objection, if any, on or before 28.12.2012. Petitioner has also annexed the report of the Circle Officer, Noamundi as well as Sub-Divisional Officer, Jagannathpur vide Annexure- 3 & 4 of this writ petition, wherein both the officers have recommended for renewal of the lease. It also transpires that in the meantime, Jharkhand State Pollution Control Board vide its show-cause notice dated 9.2.2013, issued under Section 21 of the Air & Water (Prevention & Control of Pollution) Act, 1981 & 1974 informed the petitioner that as to why his consent application dated 10.5.2012 should not be rejected as lease under CNT Act has already expired on 15.8.2012 and the petitioner has not submitted the renewal paper of lease. Thereafter, in response to show-cause notice dated 9.2.2013, petitioner vide his letter dated 2.3.2013 requested the Member Secretary, JSPC Board, Ranchi to grant one month's time in anticipation of renewal. Copy of show-cause notice as well as reply to the said notice are annexed to this writ petition vide Annexure- 5 &6.
In the light of the above background of the matter and more particularly the petitioner's application for renewal dated 23.5.2012 to the authorities concerned, decision is required to be taken in accordance with law without further delay. Therefore, respondent No.2 i.e. Deputy Commissioner, West Singhbhum is directed to deal with and decide T.A. Misc. Case No. 55/2012-13 in accordance with law, preferably within a period of four weeks from the date of receipt/production of a copy of this order.
With the aforesaid observation and direction, this writ petition stands disposed of.
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(P.P. Bhatt, J.) S.B.