Jaishree Thakur, J. - (1.) THE present D.B. Civil Special Appeal filed under Rule 134 of the High Court Rules, 1952 has been preferred against the order dated 05.10.2012 passed by learned Single Bench in S.B. Civil Writ Petition No. 11999/2011.
(2.) THE appellant -petitioner was issued and granted mining lease on 12.01.1984 for mining of minerals namely corundum, Mica, Asbestos and Quartz near village Jotpura, Amet for a period of 20 years in an area measuring 900 hectares. Subsequently, by an agreement dated 08.10.1986, the petitioner was also allowed to mine other minerals namely calcite, feldspar and soapstone. The mining lease in favour of the petitioner was from 12.01.1984 to 11.01.2004. On 19.12.1987, a notice was issued to the petitioner to deposit dead rent and interest amounting to Rs. 30,699.41 at revised rate. The petitioner deposited the dead rent on 14.12.1988 for a period from 12.07.1988 to 11.01.1989 but against the demand notice dated 19.12.1988 asking the petitioner to deposit the dead rent and interest amounting to Rs. 30,699.41 at revised rates, the appellant preferred a writ petition before this Court being S.B. Civil Writ Petition No. 2857/1989. In the said writ petition, no interim order was granted by the court. Since, the appellant did not deposit the demand raised, the mining lease of the petitioner was canceled vide order dated 12.04.1990. In pursuance of the order of cancellation, possession was taken from the appellant on 18.05.1990.
(3.) AGAINST the order of cancellation dated 12.04.1990, the petitioner filed a revision petition before the competent authority. The revision petition was disposed of in view of the statement given by the counsel for the appellant that he would be ready and willing to deposit the amount of dead rent under protest and the lease to be restored thereafter the revision was disposed of with the following or "we thereby direct that the State Government shall communicate to the petitioner the final payment payable within one month of receipt of this order and the petitioner shall deposit the due amount with the State Government within a period of three months of such limitation. On receipt of the due amount the State governments impugned order will stand vacated and the mining lease will stand restored". (emphasis supplied).;