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A.P. Minor Mineral Concession Rules, 1966: Notes

An appeal against any order passed by the Assistant Director or Deputy Director under these rules shall lie to the Director within two months from the date of communication of such order to the aggrieved party. An appeal against an order of the Director shall be to the Government in like manner. The Government may either on its own or on an application within 90 days call for and examine any record relating to an order or proceeding by the Director, Joint Director, Deputy Director or Assistant Director to satisfy itself on the legality and propriety of the order or regularity of the proceedings and pass any order in reference.

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235 views1 page

A.P. Minor Mineral Concession Rules, 1966: Notes

An appeal against any order passed by the Assistant Director or Deputy Director under these rules shall lie to the Director within two months from the date of communication of such order to the aggrieved party. An appeal against an order of the Director shall be to the Government in like manner. The Government may either on its own or on an application within 90 days call for and examine any record relating to an order or proceeding by the Director, Joint Director, Deputy Director or Assistant Director to satisfy itself on the legality and propriety of the order or regularity of the proceedings and pass any order in reference.

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Venu Gadadasu
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66 A.P.

Minor Mineral Concession Rules, 1966

(4) In case of units under 10(5)(1) if declared sick for a period


exceeding six months shall represent to Assistant Director of Mines and
Geology by duly paying Rs.1,000/- and concerned Deputy Director of Mines
and Geology will enquire and pass orders.]
35. Appeal:— An appeal against any order passed by the Assistant
Director or Deputy Director, 1[Joint Director] under these rules shall lie to the
Director within a period of two months from the date of communication of such
order to the party aggrieved and an appeal against an order of the Director
2
[xxx] shall be to the Government in like manner.
NOTES
Appeal to be filed within two months from date of communication of order to
aggrieved party - There is no material to show date of communication of order to party - As
such, limitation starts from date of knowledge of order - Petitioner came to know the order on
4-2-1993 - Appeal filed on 4-2-1993. Thus appeal not barred by limitation. (Omkar Stone
Crusher vs. Director of Mines and Geology, 1993 (2) ALT 238.)
Letters Patent Clause 15 when this was put to the learned counsel for the first
respondent herein, he readily agreed that his revisions must be sent to competent appellate
authority with a direction to treat the same as appeals against the original orders and dispose
of the same in accordance with law, after hearing the parties and offering them opportunity to
file written arguments.
The Court held that interest of justice would be served if it modifies the order of the
learned single Judge by directing that the remanded revision should be decided by the third
respondent herein under Rule 35 of the Rule as appeals. Third Respondent will give
opportunity to the parties to have their say in the matter by according them personal hearing
as well as opportunity to file within arguments in support of their respective contentions.
(M/s. Murnagun Granites vs. M/s Ratan Mineral Enterprises 1993(1) ALT 678 (DB) =
1993(1) An. WR 49 (NRC).
Mining Lease to quarry building stone and road metal was terminated for non-
submission of returns and accounts and for non-payment of mineral revenue dues and
advance rent after issuing a show-cause notice, which was stated to have not been responded
by the lessee. Appeal against the order was dismissed and the revision preferred also was
rejected. Dismissal of Appeal on the ground of delay without considering the specific plea of
the lessee that there was a delay of 7 days due to his ill-health cannot be sustained, more so
when the Government kept the revision pending for 8 years and thereafter passed an order,
reflecting total non-application of mind, Vaseem Akram v. Govt. of A.P., 2008 (6) ALD 807.
35-A. Revision:– The Government may either suo motu at any time or on
an application made within ninety days, call for and examine the record relating
to any order passed or proceeding taken by the Director, 3[Joint Director],
Deputy Director or Assistant Director under these rules for the purpose of
satisfying themselves as to the legality or propriety of such order or as to the
regularity of such proceedings and pass such order in reference thereto as they
think fit :

1
. Ins. by G.O.Ms.No. 50, I & C (M I), Dept., dt. 17-3-1997.
2
. Omitted by G.O.Ms.No. 425, I & C, dt. 21-12-1993, w.e.f. 27-12-1993.
3
. Ins. by G.O.Ms.No. 50, I & C (M I), Dept., dt. 17-3-1997.

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