Chanchal Jain v. Mines Secretary, Union Of India And ANR

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4864/2014 CHANCHAL JAIN ..... Petitioner Through Mr.Harsh Vardhan with Ms.Madhurima Ghosh, Advocates.

versus MINES SECRETARY, UNION OF INDIA AND ANR ..... Respondents Through Mr.Amit Mahajan, CGSC with Mr.Kunal Dutt, Advocate for UOI.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 19.04.2016 Review Petition No.193/2016 By way of the present application, petitioner seeks review of the order dated 01st March, 2016 whereby petitioner's writ petition was dismissed with liberty to the petitioner to file a civil suit in accordance with law.

Learned counsel for petitioner states that this Court failed to appreciate that the respondents had wrongfully revoked the mining license of the petitioner on the basis of forged signatures of the attorney of the petitioner on the demarcation report. In the opinion of this Court, no finding of forgery can be given in writ proceedings and that too when serious disputed questions of fact arise for consideration.

Undoubtedly, the petitioner relies upon certain findings in the FSL report, but the said report is only a piece of evidence and the respondents will have to be given an opportunity to explain the said

report as well as to cross-examine the author of the FSL report. This Court may mention that its conclusion is in consonance with the Division Bench's order disposing of LPA 791/2013 filed by the petitioner.

In any event, no ground for review is made out. Consequently, the application is dismissed.

MANMOHAN, J APRIL 19, 2016 KA