SHANKER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner by this petition has challenged the action of the respondents in proposing to recover the sum of Rs. 1,23,000.00 from him.

(2.) The petitioner on the basis of an advertisements for auction published in accordance with Rule 37 of the Madhya Pradesh Minor Minerals Rules, 1961 (hereinafter known as Rules of 1961) submitted his bid for grant of quarry lease of flag stones in survey No. 1814 of village Jakhoda, Tehsil Ghatigaon District Gwalior. Auction was held on 15-2-1988 and as the petitioner was the highest bidder his bid for Rs. 61,000.00 pr annum was accepted. As per terms and conditions of the tender the petitioner deposited a sum of Rs. 18,300.00 as security.

(3.) It is the case of the petitioner that thereafter he made repeated demands for supply of quarry map in terms of the Mining and Minerals Concession Rules of 1961 but quarry map was not made available to him. It is submitted by the petitioner that thereafter he went to the spot and found that no mineral was available in the quarry for operation, there was flag stone to be mined from that quarry, he therefore submitted representation Ann. P/2 and P/3 respectively on 23-1-1989 and 17-4-1989 requesting for quarry map. It is the case of the petitioner that because of non-availability of flag stones in the quarry and in the absence of quarry map the agreement could not be entered in to and actual possession of the flag stones quarry was also not given to him, a result of which he could not operate the quarry in question. It is averred by the petitioner that to operate the quarry it is necessary to enter in to an agreement as provided in Article 229 of the Constitution and only after delivery of the possession he can work the quarry. However, the respondents arbitrarily without giving him quarry map proceeded to re-auctioning the quarry and are recovering cost to the tune of Rs. 1,23,000.00 vide Ann. P/5. It is the case of the petitioner that it was only when matter was published in the news paper in March 2000 that he came to know about this and therefore submitted application. The petitioner has also filed copy of judgment delivered by a Division Bench of this Court vide Ann.P/8 in M.P. No. 182/1979 decided on 7-4-1980 and it is submitted by learned counsel for the petitioner that in view of the above no recovery can be affected from the petitioner as the State cannot insist upon entering in to an agreement without supplying the quarry map.