- (1.) THE Department of Mines (Group -II), Government of Rajasthan by order dated 7.12.2000 renewed mining lease pertaining to mineral Quartz, Feldspar and Magnesite for a period of 20 years w.e.f. 31.12.2001. The Deputy Secretary, Government of Rajasthan, Department of Mines (Group -II) under a communication dated 29.4.2008 called upon the petitioner as to why his lease be not cancelled, being failed to deposit required dead -rent with penalty and interest thereon. The notice aforesaid as per the petitioner was received in the office of Mining Engineer, Sojat on 8.5.2008 and then was served upon it subsequent thereto. The petitioner acting upon the notice, deposited a sum of Rs. 2,94,000/ - with the Mining Engineer, Sojat on 05.7.2008 but prior to that on 01.7.2008 the State Government cancelled the mining lease granted and also forfeited the security amount.
(2.) BEING aggrieved by the decision of the Government of Rajasthan, the petitioner preferred a revision petition as per provisions of Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 read with Rule 55 of the Mineral Concession Rules, 1960, but that came to be dismissed under an order dated 16.11.2010.
(3.) TO challenge the order aforesaid passed by the revisional authority and the State Government, the petitioner preferred a petition for writ, that came to be dismissed by learned Single Bench under the judgment impugned. The learned Single Bench held that the petitioner deposited a sum of Rs. 2,94,000/ - on 05.7.2008 i.e. after cancellation of the mining lease, hence, no interference in the matter is required. The learned Single Bench also arrived at the conclusion that the notice was given to the petitioner on 29.4.2008 and he deposited a sum of Rs. 2,94,000/ - on 5.7.2008 i.e. after a lapse of a period of more than 60 days, thus, the respondents rightly cancelled the lease.;