TEWARI JHOOMARLAL SWAROOPLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MESSRS Tewari Jhoomarlal Swarooplal has filed this writ application under Art. 226 of the Constitution and it arises out of the following circumstances: The petitioner firm got a lease of an area of 30 sq. miles in three blocks of 10 sq. miles each in Tehsils Bayana and Rupbas on a dead rent of Rs, 2 lac per annum for a period of five years commencing from 1st May, 1961. For some reason the lease agreement could not be executed and, therefore, the State Government preferred to cancel the lease of the petitioner firm. The Mining Engineer, Kota, by his letter dated 21st of August, 1963 informed the petitioner that the possession of the leased area including all working and other pits, trenches, quarries, etc. were taken over by the Mining Department from 21st August, 1963 and the petitioners were directed not to quarry the sandstone and also not to carry on any work incidental thereto in that area. The Department had raised certain claim against the petitioner for the non-payment of royalty and therefore the stones excavated by the petitioner and lying in the stock at the railway stations of Bansi Paharpur and Band Baretha were attached by the Government. Later on, by another letter dated 22nd August 1964, the Assistant Mining Engineer, Sawai-Madhopur wrote to the Collector, Bharatpur that the stock belonging to the petitioner has now become the State property by virtue of the conditions laid down in the Minor Mineral Concession Rules, 1959, after the lease of the petitioner was cancelled. The petitioner, it appears, made representation to the Government that the stock lying at the railway yard at the two railway stations of Bansi Paharpur and Band Baretha cannot be taken to be the stock lying in the leased area and, therefore, it cannot become the State property. These representations of the petitioner did not bring any fruitful result to the petitioner and therefore, the petitioner has preferred to file this writ application with a prayer that by issuing an appropriate writ, order or direction the orders of the respondents holding that the petitioner's stock of stones lying at the railway stations of Bansi Paharpur and Band Baretha by virtue of the conditions incorporated in rule 19 of the Minor Mineral Concession Rules, 1959, may be quashed and it may be declared that the stock belongs to the petitioner. The petitioner also prayed that by issuing a writ of prohibition, the respondents may be restrained from forbidding the petitioner to remove, sell and despatch his stock of stone.

(2.) ALL the respondents submitted a joint reply to the writ application and asserted their claim that the stock of the petitioner lying at the aforesaid railway stations is within the leased out area and, therefore, under rule 19 of the Minor Mineral Concession Rules, 1959, it became the State property after the lease of the petitioner was determined by the State Government.

(3.) THE petitioner shall get his costs from the respondents. .