TANWAR SINGH Vs. STATE OF MP

JUDGEMENT

(1.) The petitioner before this Court has filed this present petition being aggrieved by the order dated 18-2-2015 passed by the Collector, Dewas in respect of Survey No. 836 area 10.926 hectare. By the aforesaid order, the Collector Dewas has recommended the matter to the Director Geology and Mining, Bhopal for cancellation of the lease, in exercise of powers conferred under the Madhya Pradesh Minor Mineral Rules, 1996 (hereinafter referred as 'the Rules of 1996'). The petitioner's contention is that a show cause notice was issued on 26-2-2014 directing the petitioner to show cause as to why the mining lease executed in his favour be (sic: not) cancelled or a fine be imposed upon him. The petitioner did submit a reply Anenxure-P-2 to the Collector (Mining) Dewas and thereafter the Collector (Mining) Dewas based upon the documents relating to the case has forwarded the matter by an order dated 18-2-2015 to the Director Geology and Mining, Bhopal.

(2.) The petitioner's contention is that certain grounds which were not reflected in the show cause notice have been made to be the basis by the Collector while recommending cancellation of the lease. It is also been argued that as per Rules of 1996, sixty days time should have been granted to cure the defect and the Collector without granting sixty days time has recommended the cancellation of lease. It is pertinent to note that the notice was issued to the petitioner on 26-2-2014 and the recommendation has been made by the Collector on 18-2-2015.

(3.) Learned counsel for the petitioner has also drawn the attention of this Court towards the various report submitted by the various department and his contention is that the various department involved in the matter have not given any negative remark in respect of the petitioner's lease and, therefore, the order passed by the Collector is bad in law and by no stretch of imagination the Collector should have passed the impugned order.