Such cases should the reconsideration procedure

Shenmu county of Shaanxi province Daliuta area oil beam for the discovery of a coal mine village in the village of mining right person has changed, and the Shaanxi Provincial Department of land and resources on the court, the Department issued the mining license revocation. The court rejected the Committee request, the reason is the mining right belongs to the preposition of reconsideration procedure --
  The mining license registration trigger lawsuits
In 1998 February 12 day, Yulin City, Shaanxi province mine authority entrusted by the competent department of Geology and mineral resources of the provincial government, including township coal mines, the mining license work within the city. Big Liu Shenmu county Tazhen oil beam Village run coal mine according to the requirements in the 2000 year 10 month to mine authority proposed changing the mining license and continue the registration, and submit the drawings and data business license. The original Yulin city mine authority upon examination, submit the coal mine of information and documents in accordance with the provisions, and by the higher authorities entrusted to 11 month 22 day for the mine issued the mining license, big Liu human Shenmu county mining right Tazhen oil beam Cun Wei Hui, mine name is da Liu Shenmu county Tazhen oil beam Village Coal mine.
In 2001, the Shaanxi provincial government in accordance with the overall arrangements of the State Council, to carry out special rectification of the province's small village and township coal mines, and re issuance of certificate. In 2002 4 month 15 day, Daliuta area oil beam Village run coal mine to the Shaanxi Provincial Department of land and resources present mining right extension, change request, and submit the relevant data. Shaanxi provincial department after examination, submit the business license of the mine data and other evidence to meet the requirements, therefore, in 2002 year in April 24th according to the mine for the mining right extension, alteration registration procedures, issued mining license, the mining right person from Shenmu Daliuta area oil beam Wei will change to Liu Shenmu county Tazhen oil beam Village run coal mine.
Big Liu Shenmu county Tazhen oil beam Village Committee and the village villagers group building community that land and Resources Department of Shaanxi province to change the mining right in the certification process, violated their legitimate rights, in the years 2004 November 18, the Shaanxi provincial court. Shenmu county of Shaanxi province people's court made the first instance ruling, dismissed the plaintiff to the Shaanxi Provincial Department of land and resources of the prosecution, Shaanxi Province Office is maintained as a specific administrative act big willow Shenmu county Tazhen oil beam Village run coal mine issue mining licenses.
Case analysis:
    In this case, is the law of administrative reconsideration is a necessary procedure to institute administrative proceedings, while the oil beam village committee does not apply for reconsideration, bring an administrative lawsuit to the court, does not have the statutory prosecution, the court rejected the prosecution.
Attached: "the administrative reconsideration law" thirtieth stipulates: "citizens, legal persons or other organizations think that the concrete administrative behavior violated its already to obtain land, minerals, water, forests, mountains, grasslands, waste, beaches, waters and other natural resources of the ownership or use right, shall first apply for administrative reconsideration; if the party refuses to accept the decision of administrative reconsideration, it may bring an administrative lawsuit in a people's court according to law."
    The Supreme People's court "on the implementation of 'issues' Administrative Procedure Law of the people's Republic of China" the interpretation of article forty-fourth (seven) provisions: administrative reconsideration is filed a lawsuit procedures and does not apply for reconsideration in accordance with the provisions of laws, regulations, the court rejected the prosecution.