ASHOK KUMAR GAUR,J. - (1.) The instant writ petition has been filed by the petitioner challenging the order dated 05.11.2019 whereby the Revisional Authority has refused to hear the stay application filed by the petitioner alongwith revision petition. The petitioner has further prayed in the petition for seeking direction to allow him to continue the mining of masonry stone, as per mining lease agreement dated 02.03.2012, as per offer given by the petitioner of depositing 50% of penalty amount within 15 days. The petitioner further makes a prayer that the respondent be restrained from passing any adverse order against the interest of the petitioner during the pendency of the writ petition.
(2.) Learned counsel for the petitioner Mr. Ajatshatru Mina submitted that the petitioner had felt aggrieved against the order dated 07.08.2019 and as such the revision petition was filed under Rule 64 of the Rajasthan Minor Minerals Concession Rules, 2017 (hereinafter 'the Rules of 2017'). Counsel submitted that after report of the clerk concerned in the revision petition, the petitioner had also filed power of attorney, making the revision petition to be legally competent, on 15.10.2019 and the Revisional Court issued notices on 01.11.2019 while fixing the next date on 09.12.2019. Counsel submitted that the petitioner had to move early hearing application on 05.11.2019 requesting that the stay application filed alongwith the revision petition was required to be heard at the earliest as the petitioner was stopped from continuing with mining operations and further there was likelihood of his lease being determined / cancelled.
(3.) Counsel submitted that the petitioner in his early hearing of the stay application had specifically submitted that mining operations of the petitioner may be restored, subject to the condition that the petitioner deposits 50% amount of the demand within 15 days and remaining amount in 6 equal installments in 12 months.;