- (1.) THE petitioner has approached this Court by way of present writ petition being aggrieved by the condition imposed in the impugned order dated 02.01.2002 (Annex.1) passed by the Deputy Secretary Mines, Government of Rajasthan, Jaipur while allowing petitioner's appeal under Rule 43 of the Rajasthan Minor Mineral Concession Rules, 1986 (for short, hereinafter referred to as 'Rules of 1986').
(2.) THE said appeal was filed by the petitioner against the order dated 12.04.1999 of the Mining Engineer cancelling the mining lease of Plot No.5, in Village- Nosra, for mining granite. The petitioner was given a show cause notice dated 30.10.1998 for non-payment of 'Dead Rent' for the period 25.05.1998 to 24.11.1998 of Rs.13,220.00 and also royalty for period 25.05.1996 to 24.05.1998. On account of such non-payment, the mining lease of the petitioner came to be cancelled by the Mining Engineer on 12.04.1999, which was, however, restored upon the appeal filed by the petitioner by the impugned order itself dated 02.01.2002 on the ground that the petitioner thereafter upon service of show cause notice, and after cancellation of mining lease vide order dated 12.04.1999 had deposited the entire dues of 'Dead Rent' with interest amounting to Rs.30,450.00 on 12.12.2000. The appellate authority i.e. the Deputy Secretary, Mines therefore, restored the mining lease by the order dated 02.01.2002, however, while restoring the mining lease, the said authority also directed that for the interim period viz. from the date of cancellation of mining lease on 12.04.1999 till the date of its restoration on 02.01.2002, the petitioner should still pay the 'Dead Rent' and another dues with interest, and this impugned part of the order is assailed by the petitioner in the present writ petition since it was otherwise final under the Act.
(3.) MR . Amit Vyas for Mr. D.D. Thanvi, learned counsel for the petitioner submitted that in pursuance to the said order, the petitioner deposited a sum of Rs.77,890.00 for the said mine in question as penalty of Rs.83,227.00 as dead rent, under protest vide receipts Annex.5 and Annex.6 dated 01.02.2002 in pursuance of the impugned order dated 02.01.2002. He further submitted that in view of Circular dated 14.03.2008 issued by the respondent- Mining Department itself and judgment of this Court in case of M/s Ganpati Khanij Udhyog Vs. Union of India & Ors., reported in 1998 (1) RLR 18 and intra-court appeal preferred against the said judgment of learned Single Judge being DBSAW No.584/1998- State & Anr. Vs. M/s Ganpati Khanij Udyog & Anr. also came to be dismissed by the Division Bench of this Court vide order dated 17.07.1998, the petitioner is entitled to the refund of the said amount deposited by him under protest.;