LALITA CHAUDHARY Vs. STATE OF RAJ

JUDGEMENT

(1.) Instant petition is directed against the order passed by the Mining Engineer dated 08.01.2002 revoking the grant of mining lease sanction in favour of the petitioner vide order dated 28.06.2001 without affording opportunity of hearing and the appeal/revision which he preferred before the authorities were also rejected by the Additional Director (Mines) and the State Government vide their orders dated 22.08.2005 & 03.07.2006 respectively.

(2.) It has been alleged in the writ petition that petitioner applied for grant of mining lease for mineral masonry stone for an area of 9997.1 sq. meters near village Khatehpura, Tehsil & District Jhunjhunu and after complying with the formalities mining lease came to be sanctioned in favour of the petitioner by the competent authority vide its order dated 28.06.2001 on certain terms & conditions incorporated in the sanction order itself and endorsement thereof was also made by the Mining Engineer to the District Collector, Jhunjhunu for grant of NOC. However, there is a deemed clause that if he fails to send his NOC within a period of thirty days it will be presumed that NOC has been granted by him. Admittedly within a period of thirty days from the sanction order dated 28.06.2001 no NOC was granted from the office of the District Collector and by deemed fiction in terms of clause (3) of the sanction order dated 28.06.2001 the authority could have drawn presumption of NOC being granted by the authority i.e. the District Collector but the District Collector refused to grant NOC vide its communication dated 04.01.2002 primarily on the premise that mining lease has been sanctioned over khasra No. 124 Village Khatehpura and nearby mining lease area there is a Mazar and on its western side there is a senior secondary school and a puccka pond also, taking note thereof NOC was declined and taking into consideration the later communication of the District Collector dated 04.01.2002, the Mining Engineer at its own revoked the sanction order dated 28.06.2001 vide its order dated 08.01.2002 and admittedly no opportunity of hearing was afforded to the petitioner before the order dt.08.01.2002 came to be passed by the Mining Engineer.

(3.) The petitioner being aggrieved by the order of revocation dated 08.01.2002 preferred appeal u/R. 43 of Rajasthan Minor Mineral Concession Rules,1986 ("Rules, 1986")- However, by cryptic order without assigning any reasons the appeal preferred came to be dismissed on 22.08.2005 against which the petitioner preferred further revision u/R 47 of the Rules, 1986 and that was also rejected on 03.07.2006.