SUNIL AMBWANI,J. - (1.) By the intra-court Special Appeal No.328/2015, the State of Rajasthan through Principal Secretary, Department of Mines, Government of Rajasthan, Jaipur, Joint Secretary, Mines (Group- 2), Government of Rajasthan, Jaipur, the Director, Department of Mines and Geology, Khanij Bhawan, Shastri Circle, Udaipur and the Assistant Mining Engineer, Gotan, District Nagaur, have challenged the judgment dated 25.3.2015 of learned Single Judge, allowing the S.B.Civil Writ Petition No.9669/2014 Gotan Lime Stone Khanij Udyog Pvt.Ltd. v. The State of Rajasthan and Ors. and setting-aside the order dated 16.12.2014 passed by the Joint Secretary, Mines (Group-2) Department, Government of Rajasthan, Jaipur, by which the Mining Lease No.45/93 granted in favour of Gotan Lime Stone Khanij Udyog, a partnership firm, vide order dated 29.12.1993, renewed on 8.11.1996 for the period from 8.4.1994 to 7.4.2014, further renewed on 27.7.2011 upto 7.4.2024 and transferred to M/s Gotan Lime Stone Khanij Udyog Private Limited by order of the Director, Mines and Geology Department dated 25.4.2012, was declared null and void and cancelled. Learned Single Judge has set aside the cancellation order dated 16.12.2014 and all consequential actions, with directions to hand-over back the possession of the leased area of Mining Lease No.45/93 to the petitioner-forthwith.
(2.) The facts giving rise to the Special Appeal No.328/15 are that a Mining Lease No.45/93 was granted to a partnership firm- M/s Gotan Lime Stone Khanij Udyog. The Mining Lease was renewed from time to time and vide order dated 27.7.2011, the period of mining lease was renewed from 8.4.1994 to 7.4.2024. The partnership firm consisting of four partners, namely. Shri Ram Vallabh Chauhan, Shri Suresh Chauhan, Shri Ramesh Chauhan and Shri Ram Avtar Chauhan, with equal share of 25% each in the partnership, decided to incorporate a Private Limited Company for undertaking the business. They initiated proceedings for incorporation of the Company, for which a letter dated 5.3.2012 was issued by the Registrar of Companies, Rajasthan for the availability of the name. A certificate of incorporation was issued on 26.3.2012, after which, an application dated 28.3.2012 was filed by Shri Ram Vallabh Chauhan, partner and power of attorney holder, seeking transfer of the mining lease from the firm to the newly incorporated Private Limited Company.
(3.) A letter dated 2.4.2012 was sent by the Assistant Mining Engineer, Gotan to the Director, Mines and Geology, Udaipur forwarding the application for transfer alongwith mine inspection form and a check list for transfer of mining lease requesting for examining the enclosed documents for making an order for transfer of mining lease. The Director, Mines and Geology, Udaipur by his order dated 25.4.2012 granted permission for transfer of mining lease in favour of M/s Gotan Lime Stone Khanij Udyog Private Limited, on certain conditions indicated therein. A mining lease transfer document dated 11.5.2012 was executed between the partnership firm and the Private Limited Company, after which a transfer document was executed and registered. On 5.8.2013, an office order was issued by the Director, Mines and Geology extending the period for execution of document for a period of 15 days under Rule 15(4) of the Rajasthan Minor Mineral Concession Rules, 1986 (for short, "the Rules"). On 8.8.2013, the document was re-executed and after payment of requisite stamp duty, it was was registered.;