RAJESH SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under Article 226 of the Constitution, the petitioner has prayed for quashing of order Annexure P-1 and prayed for refund of amount of Rs. 1,80,000.00 along with interest.

(2.) PETITIONER 's case is that for extraction of black stone a quarry lease was granted to the petitioner in survey No. 272 in village Bhattpura Brahmin (Gwalior) for 10 years from 14.12.2006 to 13.12.2016. An agreement in this regard was entered into between the parties. On 28.09.2011, the petitioner filed an application for transfer of lease and deposited the amount of Rs.1,80,000.00 as transfer fees. On 07.10.2011, petitioner filed another application praying for withdrawal of earlier application for transfer of lease. On 12.03.2012, notice was issued to the petitioner as to why lease be not cancelled. Petitioner, in turn, filed his reply to the said notice. By impugned order Annexure P-1 dated 20.06.2012, respondent No. 2 directed forfeiture of the amount of Rs.1,80,000.00 deposited by the petitioner which is challenged in the present case.

(3.) PER Contra, Smt. Nidhi Patankar, learned Government counsel, raised a preliminary objection about tenability of this matter because of availability of statutory efficacious alternative remedy in Rule 57 of Madhya Pradesh Minor Mineral Rules, 1996. Apart from this, on merits also the action and order Annexure P-1 is justified.