STATE OF GOA AND ORS. versus M/S. A.H. JAFFAR AND SONS

STATE OF GOA AND ORS. versus M/S. A.H. JAFFAR AND SONS

Remedy against rejection of mining lease application is revision before Central Government, and bona fide pursuit in High Court constitutes sufficient cause for condonation of delay in filing revision.

Parties
Appellant: State of Goa and Others; Respondent: M/s. A.H. Jaffar and Sons
Jurisdiction
India
Judgment Date
09 September 1994
Procedural Posture
Civil Appeal / Final Decision
Outcome
appeal allowed
Legal Topics
Mining Lease Application, Remedies Against Rejection, Revision Procedure, Condonation of Delay
Mining Law Administrative Law Mining Lease Application Remedies Against Rejection Revision Procedure Condonation of Delay

Case Brief

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Parties

State of Goa and Others

Appellant

M/s. A.H. Jaffar and Sons

Respondent

Procedural Posture

Civil Appeal / Final Decision

Legal Issues

  1. 1 Whether remedy against rejection of mining lease application lies with High Court or Central Government under revision.
  2. 2 Whether delay in filing revision is condonable due to bona fide pursuit of remedy in High Court.

Ratio Decidendi

Remedy against rejection of mining lease application is revision before Central Government, and bona fide pursuit in High Court constitutes sufficient cause for condonation of delay in filing revision.

Court Disposition

appeal allowed

Orders

  • Order of High Court set aside.
  • Respondent entitled to approach Central Government with revision within four weeks; revision shall not be dismissed as time-barred.