Judgment : TAPEN SEN, J. ( 1 ) IN this writ application the petitioner has prayed for quashing of Annexure-4 i. e. the Order dated 16-8-2000 passed by the commissioner of Mines, Bihar, Patna in Revenue Case No. 357/92 whereby and whereunder he rejected the petition on the ground that the Petitioner had not furnished copies of the monthly /annual stock by 14-3-2000 as had been ordered by an earlier order dated 14-2-2000. The petitioner has made a grievance that the application for renewal was rejected without considering the merits of the case. ( 2 ) FROM the facts narrated it appears that on or about 14-8-1987, an area 2. 70 acres situated on plot Nos. 252 and 253 in village Malipara in the district of Pakur was demised for a period of five years on the basis of an indenture of lease executed between the Deputy Commissioner, Sahibanj and, the Petitioner. The petitioner has stated that as per the provisions of the Bihar Minor Mineral Concession Rules, 1972, he filed an application for renewal of the lease on or about 31-12-1991 and the concerned authority issued necessary receipt therefor. From a perusal of the form of acknowledgment as contained at Annexure-2 it appears that the petitioner had deposited the application fee, Court fee stamps and two maps of the area in question. ( 3 ) THE petitioner has stated that after filing the application for renewal which, according to him, had been filed in time, he had to wait for disposal of the said renewal application as per the time prescribed under Rule 22 (c) of the Bihar Minor Mineral Concession Rules 1972. ( 4 ) THE petitioner has stated that his renewal application has not been disposed off within the extended period as provided under Rule 22 (c) and even thereafter - which ultimately led to deemed rejection as per the deeming provision under Rule 22 (d) of the said Rules. Rule 22 reads as follows :"22. Renewal of mining lease - (1) Application for renewal of mining lease shall be made in form "aa" at least 90 days but not earlier than 180 days before the expiry of the lease. (2) Every application for the renewal of mining lease shall be accompanied by :- (a) A fee of Rs. 2000. Rule 22 reads as follows :"22. Renewal of mining lease - (1) Application for renewal of mining lease shall be made in form "aa" at least 90 days but not earlier than 180 days before the expiry of the lease. (2) Every application for the renewal of mining lease shall be accompanied by :- (a) A fee of Rs. 2000. 00; (b) A valid clearance certificate of payment of royalty dead rent surface rent and cess upto the end of last financial year in respect of all the mineral concessions held in the State of Bihar, to which the application for renewal of a mining lease relates. (c) If an application for renewal of a mining lease made within the time referred to in sub-rule (1) is not disposed of by Collector before the date of expiry of the lease, the period of that lease shall be deemed to have been extended by a further period of 90 days or ending with the date or feceipt of the orders of the Collector thereon, whichever is shorter. (d) If any application is not disposed of even within the extended period specified in sub-rule (2) (c) it shall be deemed to have been refused. (e) Where an application for renewal of a mining lease is not accompanied by the papers specified in sub-rules (1) and (2), it shall be rejected straightway by the Competent Officer within 15 days from the date of its receipt. (f) Every application for the grant of renewal of mining lease shall be accompanied by an affidavit showing that he has - (i) filed uptodate income-tax returns ; (ii) paid the income-tax assessed on him; and (iii) paid the income-tax on the basis of self-assessment as provided in the Income-tax Act, 1961; (g) Every application for grant of renewal of mining lease shall be accompanied by an affidavit showing - Particulars of area Mineral-wise in the State which the applicant or any person jointly with him- (i) already holds under a mining lease ; (ii) has applied for but has not been granted a mining lease; and (iii) being applied for simultaneously. " ( 5 ) BEING aggrieved by and dissatisfied with the aforesaid deemed rejection the Petitioner then filed a revision application before the Commissioner of Mines which was registered as Revision Case No. 357/92 wherein the petitioner prayed for setting aside the order of the deemed rejection. ( 6 ) THE petitioner states at para 08 that on 01-09-1992 the deemed refusal was set aside and the Commissioner of Mines, Patna who thereafter ordered for a "view on merits" to be taken by 31-10-1992. Thereafter on perusal of Annexure-3 it is apparent that on the next day time was extended and again on 22-2-1993, the Commissioner of Mines heard the matter and then extended the matter upto 30-4-1993 awaiting the disposal of the matter at the level of the Deputy Commissioner. On the 12-4-1996 time was again granted to the Deputy Commissioner and the period was again extended by three months. similarly time went on being extended for the same purpose on different dates. On 9-2-2000 a petition was filed by the Petitioner stating that the delay in filing necessary documents as Ordered earlier had occurred due to oversight and that the revision applicant had all throughout remained in possession of the area and that the entire mining dues had been cleared by him. Accordingly, the learned Commissioner of Mines passed an order that the Petitioner should file copies of the monthly annual return in Forms G and H on the next date. The matter was directed to be placed thereafter on 14-3-2000 and the Assistant Mining Officer, Pakur was directed to furnish the copy of annual monthly return for the financial year 1998-1999 and 1999-2000 (upto January 2000 ). ( 7 ) ON the next day i. e. on 16-8-2000 the Commissioner of Mines refused to interfere any further, as according to him, the Petitioner had not complied with the earlier order. From the annexures appended to the writ petition and especially Annexure-3 series it appears that there is no order dated 14-2-2000 but at page 32 of the Order -sheet, it is apparent that the same is dated 9-2-2000 by which the Petitioner was required to comply and file copies of monthly annual return in Forms G and H by 14-3-2000. Annexure-4 appended to the Writ Petition records that the "order dated 14-3-2000 has not been complied with" and accordingly, the revision petition of the petitioner was rejected. Annexure-4 appended to the Writ Petition records that the "order dated 14-3-2000 has not been complied with" and accordingly, the revision petition of the petitioner was rejected. The petitioner at paragraphs 14, 15 and 16 has stated that he had no knowledge of the order dated 9-2-2000 and that if he had the knowledge at all, he could have easily filed the document within time period. He has stated that he had no intention to circumvent the order of the Revisional Court and at para 17 he has stated he possesses all the copies of the monthly returns and challans. He has also stated that he is an old lessee and has developed the mines in question with substantial investments and if at this stage he is deprived, he will suffer irreparable loss and would also be deprived of his source of livelihood. ( 8 ) IN view of the premises aforesaid, this Court is of the opinion that a lenient view should have been taken. Accordingly and in that view of the matter and also upon going through the pleadings made in the writ petition, this Court feels that one further opportunity should be given to the Petitioner as there was no deliberate intention on his part not to comply with Order of the Revisional Court. ( 9 ) IT is, therefore, Ordered that the Petitioner, within ten days from the date of pronouncement of this order, shall file an application before the Respondent No. 1 along with all the necessary requisite documents that were and which may be required and, if he does so, then the Revisional Court shall thereafter proceed with the matter in accordance with law. ( 10 ) WITH the aforesaid observation this writ petition is disposed off. Order accordingly. --- *** --- .