PAWAN JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against order dtd. 18/1/2018 passed by Learned Single Judge in Civil Writ Petition No.1577/2017 whereby the petition against cancellation of lease has been partly allowed only to the extent that while maintaining the order of cancellation of lease, order of recovery of Rs.19,50,000.00 has been set aside.

(2.) Brief facts giving rise to the controversy involved in the appeal necessary for adjudication are that the appellant was holding a mining lease on certain terms and conditions. While he was undertaking mining operation, certain allegations were made that the appellant had unauthorisedly sublet the lease in favour of third person which had unauthorisedly led to issuance of a show cause notice on 15/4/2010. The appellant filed reply to the show cause notice denying allegation of subletting and offering an explanation that the engagement of other persons was for limited purposes of collection of Ravannas and depositing the amount apart from the documents. The appellant also brought to the notice of the authorities that the subsisting agreement/ power of attorney has been immediately cancelled. Affidavits of Tek Chand Garg and Mohd. Rafiq which are allowed to be sublet also submitted with agreement of cancellation on 15/4/2010 itself.

(3.) It however appears that the matter was not closed and later on another notice came to be issued on 5/5/2015 requiring the appellant to deposit the amount of Rs.19,50,000.00 failing which appropriate action would be initiated under the Rules of 1986.