- (1.) This writ petition has been filed by the Gotan Lime Stone Khanij Udyog Pvt. Ltd. ('petitioner' / 'Gotan Lime' / 'the Company') aggrieved against the order dated 16.12.2014 (Annex.22) passed by the Joint Secretary, Mines (Group-2), Government of Rajasthan, Jaipur, by which the order dated 25.4.2012 whereby the lease was permitted to be transferred in petitioner's favour has been declared void and the Mining Lease No.45/93 has been cancelled.
(2.) The facts in brief may be noticed thus : a Mining Lease being ML No.45/93 was granted to a partnership firm M/s. Gotan Lime Stone Khanij Udyog ('the firm'). The mine was operated and whereafter it appears that the partners of the firm decided to incorporate a private limited company for undertaking the business hereto-before conducted by the firm and therefore, proceedings were initiated for incorporation of the company, a letter dated 5.3.2012 was issued by the Registrar of Companies, Rajasthan indicating the availability of name Gotan Lime Stone Khanij Udyog Pvt. Ltd.; the certificate of incorporation was issued on 26.3.2012; whereafter an application dated 28.3.2012 was filed by the firm signed by Ramvallabh Chauhan, partner / power of attorney holder seeking transfer of the mining lease from the firm to the newly incorporated company.
(3.) A communication dated 2.4.2012 (Annex.6) was sent by the Assistant Mining Engineer, Gotan to the Director, Mines and Geology, Udaipur forwarding the application along with a mine inspection form and a check list for application for Transfer of Mining Lease requesting for examining the enclosed documents and pass order for transfer of the mining lease. By order dated 25.4.2012, the Director, Mines and Geology, Udaipur granted permission for transfer of the lease in favour of the petitioner on the conditions indicated therein.;