- (1.) AFTER having heard the learned counsel for the parties and having perused the material placed on record this Court is of the view that the matter does require re-consideration by the Collector concerned and hence, it would be just and proper that without any comments on the merits of the case either way, Case No.56/1996, as earlier decided by the impugned order dated 15.09.1997, be restored to the file of the Collector, Rajsamand.
(2.) AS the matter is proposed to be remitted to the Collector concerned for consideration of the relevant issues, much dilatation on factual aspects does not appear necessary; and it would suffice to notice in brief the relevant background aspects of the matter. The case of the petitioner is that he had established one sugar production unit at village Gadbor (Charbhuja), Tehsil Kumbhalgarh, now in District Rajsamand, allegedly in the year 1959. It appears that on 08.05.1978, a lease-deed (Annex.1) came to be executed between the Governor of the State of Rajasthan (the lessor) and the petitioner (the lessee) whereby the land in question, comprised in Khasra Nos .4168, 4173, 4018 and 4019, admeasuring 9 bighas 13 biswas at village Gabor (Charbhuja), Tehsil Kumbhalgarh was given to the petitioner on 99 years' lease for industrial purpose i.e., for setting up the sugar production unit under the provisions of the Rajasthan Land Revenue (Industrial Area Allotment) Rules, 1959. In the lease-deed (Annex.1), it was stated in no uncertain terms that the possession of the land in question had been delivered to the lessee (the petitioner) in the year 1959. The case of the petitioner further is that the sugar production unit was functional until the year 1983 but later on, the unit had to be closed for want of production of sugar- cane in the area but the factory and buildings constructed are still existing and he expects to resume the production as soon as the production of sugar-cane is revived in the area.
(3.) THE allegation of the petitioner is that the officers concerned, however, for extraneous reasons and pressures, proceeded to prepare the reports about non-functioning of the unit and thereupon the Collector, Rajsamand issued notice to him on 21.05.1996. The petitioner submits that without appreciating his reply to the notice, the Collector proceeded to pass the impugned order on 15.09.1997 purporting to cancel the lease of the land to the extent of 8 bighas 2 biswas and 8 biswansi out of the total land of 9 bighas and 13 biswas as leased out for 99 years for sugar manufacturing unit.;