- (1.) ON hearing counsel for the petitioner and perusing the writ petition it transpires that the petitioner's licence for mineral phyllite schist near village Gangwara Tehsil Bonli District Sawai Madhopur has been cancelled and security amount forfeited.
(2.) COUNSEL for the petitioner submits that even though the petitioner has been informed by the department about the cancellation of her mining lease and forfeiture of security amount, yet no order has been supplied to the petitioner. It is submitted that the petitioner has applied for the order of cancellation of her mining lease under the Right to Information Act. Mr. Zakir Hussain, who ordinarily appears on behalf of mining department is directed to take notice of the writ petition. He submits that in the ordinary course the Mining Department as a matter of routine sends the order of cancellation of lease and other documents by registered post to the last address of lessee available on record with the department. He submits that there is reason to doubt that such an order must have been sent to the petitioner by registered post. Without prejudice to the aforesaid, he further submits that he will in any event now ensure that the order of cancellation of mining lease of the petitioner be supplied to the petitioner within a period of three days. In view of the submission of Mr. Zakir Hussain, I would dispose of the writ petition with the direction to respondent Assistant Mining Engineer Tonk to supply to the petitioner a copy of the order of cancellation of mining lease of the petitioner and forfeiture of security amount within a period of three days from today. Thereafter the petitioner would be free to file an appeal under Rule 43 of MMCR 1986. The appellate authority may consider the point of limitation in the appeal with reference to communication of the impugned order to the petitioner on the basis of the material produced before it. Stay application needs no address in view of the petition being disposed of.;