AIR 2012 JHARKHAND 21 ::2011 (4) AIR Jhar R 619 ::(2011) 4 JCR 427 (JHA)

Jharkhand High Court

Hon'ble Judge(s): D. N. Patel , J

Mines and Minerals (Regulation and Development) Act (67 of 1957) , S.15— Bihar (Jharkhand) Minor Mineral Concession Rules (1972) , R.9(8)— Transfer of Property Act (4 of 1882) , S.5— Mining lease - Consent of owner - Sale deed executed by respondent in favour of petitioner - Mining lease for the property in question given - Petitioner, who is the Owner of the property in question, has given consent, for same - Respondent in spite of the fact that he sold the property in question, claimed ownership on basis of revenue entry and applied to District Mines Officer, objecting grant of lease - Once there is a registered sale deed in favour of petitioner, it is beyond jurisdiction of Mines Commissioner to pass any order regarding ownership and possession of property purchased by petitioner - Mines Commissioner cannot assume the role of Civil Court - Civil dispute ought to have been raised by respondent under Section 9 of C.P.C. Civil P.C. (5 of 1908) , S.9— (Para 9 10) .....