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Judgment
R.K. Merathia, J.—In this writ petition, Petitioner has prayed for quashing the order dated 20.7.2005/31.08.2005, passed in Revision Case No., 43/2004 by the Mines Commissioner, Jharkhand, upholding the premature termination of stone mining lease of the Petitioner for 10 years starting from 23.9.2000 to 22.9.2010.
It appears that the same order was challenged by the Petitioner vide WPC No. 6517 of 2005, which was dismissed on 21.3.2006 by this Court (Annexure-5), on merit. It further appears that Petitioner filed an intra court appeal being L.P.A. No. 285 of 2006 against the said order dated 21.3.2006 but it was also dismissed on 5.2.2007.
Mr. Srivastava, learned Counsel for the Petitioner, submitted that even after termination of the lease, Respondents were realising the royalty etc. from the Petitioner. He further submitted that L.P.A. was dismissed mainly on the ground that the order dated 7.5.2004, passed by the Deputy Commissioner, Lohardaga, which was subject matter of revision, was not placed either before the revisional Forum or before the learned Single Judge.
On the other hand, Mr. Abhay Prakash, learned Counsel for the State, submitted that the demands were against the arrears and dues.
Moreover, it does not appear from the order passed in LPA that the Petitioner raised any objection with regard to the demand of royalty.
Thus apparently, this second writ petition is wholly misconceived, frivolous and is an abuse of the process of the Court.
Accordingly, it is dismissed with cost of Rs. 2,000/- (Two thousand only) to be deposited with the Member Secretary, High Court Legal Services Committee, within four weeks from today.