M.N.BHANDARI,J. - (1.) By this writ petition, a prayer is made for cancellation of mining lease dated 28.9.2010 to the extent of the agriculture land belonging to the petitioners.
(2.) Learned counsel submits that in a land belonging to the petitioners, a mining lease was granted in favour of private company without a consent thus were not permitted to excavate the mineral. The official respondents even granted first and second renewal but respondent company was not permitted excavation of mineral. The third renewal was granted with consent of the petitioners and for which an order was passed under section 89 of the Act of 1956 but it was on certain conditions. The fourth renewal of lease was granted without consent of the petitioners though required thus it is illegal. The land should accordingly vest in favour of the petitioners.
(3.) It is submitted that even while passing the order under section 89 of the Rajasthan Land Revenue Act, 1956 (for short 'the Act of 1956'), section 42 of the Rajasthan Tenancy Act, 1955 (for short 'the Act of 1955') was ignored. The petitioners are Scheduled Tribes thus land belonging to them could not have been sold or gifted to a general caste or a company. The grant of mining lease and perpetual renewals would deprive the petitioners from khatedari rights in the land thus to be treated to be a sale in violation of section 42 of the Act of 1955.;