S.N. Jha, C.J. - (1.) THIS special appeal is directed against the order of the learned Single Judge dismissing the writ petition of the appellant on the ground of laches.
(2.) THE appellant had filed writ petition inter alia for the following reliefs: (i) for quashing the notification dt. 07.12.1993. (ii) for direction to allow the appellant to carry on mining operation over the area of 192 hectares comprising mining lease No. 4/ 80. (iii) for direction to restore the surrendered area of 150 hectares pertaining to mining lease No. 4/80 to the appellant. Brief facts of the case are that a mining lease with respect to 192 hectares of land was granted to the appellant -company for excavating china clay on or about 03.03.1982. The leasehold area included 150 hectares of village Rajputon Ki Dhani within Jaitaran Tehsil of Pali District. On 23.07.1990, the appellant submitted application surrendering the said 150 hectares of land of village Rajputon Ki Dhani retaining the remaining 42. As circumstance would have it, no decision was taken/communicated to the appellant and it continued to operate the lease and pay rent, royalty etc. to the State. Finally, on 07.09.1993 vide Annexure -7 to the writ petition, it was informed that the partial surrender of 150 hectare of land had been accepted. Soon after, on 07.12.1993, the impugned notification was issued which is in the form of communique or advertisement inviting applications for grant of mining lease of various chunks of land including the aforementioned 150 hectares of land of village Rajputon Ki Dhani.
(3.) THE appellant filed representation, Annexures -8 and 9, objecting to the advertisement. Therein it contended that as the surrender had not been accepted by the Government for a long time and as a matter of fact, rent, royalty etc had been realised from the appellant, it remained under the impression that the surrender application had been rejected. In the circumstances, the advertisement inviting applications for grant of mining lease treating the land as vacant land was not legal.;