KALA SINGH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the validity of the order dated 8.1.2007 (Annexure P-3) passed by the State Government and also the order of the Revisional authority (Central Government) dated 1.8.2010 (Annexure P- 5) whereby the licence to carry out mining licence in question of the petitioner has been cancelled.

(2.) The contention of learned senior counsel for the petitioner is that before passing such a harsh order of cancellation, the State Government ought to have issued show cause notice to the petitioner as required under rule 27 of the Mineral Concession Rules, 1960 (in short, Rules of 1960). learned senior counsel further submits that since the mandatory provision has not been followed by the State Government and straightaway by passing a very harsh order (Annexure P-3) by cancelling the mining lease is not only arbitrary but runs de hors to the principles of natural justice.

(3.) On the other hand, Smt. Divya Kirti Bohre, Panel Lawyer for the respondent-State argued in support of the impugned orders and submitted that because no royalty was deposited by the petitioner, therefore, the licence to carry out the mining lease in question was cancelled. Learned Panel Lawyer further submits that the show cause notice dated 10.9.2004 issued to the petitioner before passing the order, has been filed as Annexure R-1 along with the return, and, therefore, it cannot be said that before passing the impugned order Annexure P-3 by the State Government runs contrary to the principles of natural justice and hence this petition sans substance and the same be dismissed.