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Judgment
Vivek Rusia, J
The petitioner has filed the present petition under Article 226 of the Constitution of India challenging the legality, validity and propriety of order dated 13.09.2023 (received under RTI on 30.09.2025) passed in Order No.4405/1361798/2023/12/1 by the Respondent No.1.
This Court is of the considered view that that the petitioner has an adequate prescribed alternative remedy by filing a Revision under Section 35 of the Minerals Concession Rules, 2016 against the aforesaid order which is reproduced below for ready reference and convenience :-
"35. Application for revision.- (1) Any person aggrieved by:
(a) any order made by the State Government or other authority in exercise of the powers conferred on it by or under the Act or the rules made thereunder; or
(b) non-passing of any order by the State Government or other authority in exercise of the powers conferred on it by or under the Act or the rules made thereunder, within the time prescribed therefore may, within three months of (i) the date of communication of the order to him; or (ii) the date on which the time period for passing such order expired, apply to the Central Government in the form specified in Schedule XI for passing of an order, pursuant to section 30.
(2) The application should be accompanied by a bank draft for rupees ten thousand as application fee drawn on a Scheduled bank in the name of 'Pay and Accounts Officer, Ministry of Mines' payable at New Delhi or by way of a bank transfer to the designated bank account of the Ministry of Mines:
Provided that any such application may be entertained after the said period of three months if the applicant satisfies the Central Government that he had sufficient cause for not making the application within time.
(3) In every application under sub-rule (1) against the order of a State Government refusing to grant a mineral concession, any person to whom a mineral concession was granted in respect of the same area or for a part thereof, shall be impleaded as party.
(4) The applicant shall, along with the application under sub-rule (1), submit as many copies thereof as there are parties impleaded under sub-rule (3).
(5) On receipt of the application and copies thereof, the Central Government shall send a copy of the application to each of the parties impleaded under sub-rule (3) specifying a date on or before which he may make his representations, if any, against the revision application:
Provided that in case where the revision application has been filed for the reason that no order has been passed by the State Government within the time prescribed therefor, the Central Government shall before passing an order give the State Government an opportunity of being heard or to represent in the matter."
In view of the aforesaid statutory remedy available to the petitioner, this Court is not inclined to entertain the present writ petition at this stage. The petitioner may avail the aforesaid remedy.
With the aforesaid liberty, present petition is dismissed.