ASHISH PANDEY Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India being aggrieved by the order dtd. 7/4/2022 passed by the Mining Officer, Collectorate, District - Ujjain, whereby the petitioner has been directed to deposit dead rent for the year, 2019, 2020, 2021 and 2022 before execution of a deed for renewal of the lease.

(2.) The facts of the case in short are under:-

(3.) Shri Manohar Dalal, learned counsel for the petitioner submits that there is no such provision of charging dead rent from the prospective leaseholder under the provisions of the Rules of 1996 for the period when there was no lease. Even otherwise, there was no delay on the part of the petitioner in submitting an application for renewal. The renewal was withheld by the State Government due to the pendency of 53 writ petitions before the Full Bench of M.P. High Court. After the decision given by the Full Bench on 21/9/2020, the Additional Secretary, Mining Department vide letter dtd. 27/11/2020 directed all the Collectors, Mining Branch to initiate a process to decide the pending applications for renewal of the lease. Therefore, it is not a case where the petitioner did not operate the lease to make him liable to pay the dead rent. The Government was not taking any decision in respect of renewal because of the pendency of the matter before the Full Bench of this High Court, hence, the petitioner cannot be compelled to deposit the dead rent from the year 2019 to 2022 before the execution of the agreement for lease.