P. Anitha Vs. The Joint Director Department of Mines and Geology, Mysore and Another - Court Judgment

Excerpt:
constitution of india - article 226, article 227 - indian evidence act, 1872 - section 108 - renewal - petitioner challenged endorsement by joint director and revisional authority, rejecting application by wife of lessee for renewal of lease, inter alia, on ground that renewal application has to be filed by original lessee and not by his wife - court held - court direct joint director and revisional authority, to re-consider matter on basis that application for renewal has been filed on behalf of original lessee, who was not traceable - in event, however, original lessee comes back and does not want to continue with lease, it shall be open to him to approach authorities, in event lease was renewed-order was set aside - writ petitions disposed of. paras 4, 5 comparative citations: 2016 air(kar) 100, 2016 ilr(kar) 1531, (prayer: these writ petitions are filed under articles 226 and 227 of the constitution of india, praying to quash the order of the r2 dated 2.1.2014 vide annexure-f and dated 2.1.2014 vide annexure-f1, and etc.) subhro kamal mukherjee, acj. these are writ petitions challenging an endorsement by the joint director and revisional authority, southern region, mysore, rejecting an application by the wife of the lessee for renewal of the lease, inter alia, on the ground that the renewal application has to be filed by the original lessee and not by his wife. 2. during the subsistence of the lease, the husband, that is, the original lessee, could not be traced out inspite of best efforts. the police have not yet submitted a report saying that he is dead. the wife could not obtain a declaration of civil death immediately. the entire family is dependent on the income from the mining lease. therefore, the wife applied for renewal. 3. we feel that when the husband is not traceable, it is within the right of the wife to apply for renewal, inasmuch as the wife could not wait for seven years, as required under section 108 of the indian evidence act, 1872. she is managing the estate of her husband in his absence. as she is intermeddling with his estate, we hold that she is entitled to maintain the application for renewal inasmuch as in event of death of her husband she is entitled to maintain such application for renewal. 4. we, therefore, direct the joint director and revisional authority, southern region, mysore, to re-consider the matter on the basis that the application for renewal has been filed on behalf of the original lessee, who is not traceable. in the event, however, the original lessee comes back and does not want to continue with the lease, it shall be open to him to approach the authorities, in the event the lease is renewed. 5. therefore, the order impugned is set aside. the joint director is directed to consider the matter afresh within two months from the date of communication of this order. the writ petitions are, accordingly, disposed of. there will be no order as to costs.