LAWS(RAJ)-2023-12-189

HARI RAM BISHNOI Vs. STATE OF RAJASTHAN

Decided On December 07, 2023
Hari Ram Bishnoi Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The present writ petition has been preferred under Article 226 of the Constitution of India with the following prayers:-

(2.) Brief facts of the case are that a mining lease for mineral lime stone was allotted in favour of the petitioner vide order No. 2914 dtd. 3/11/1995 in Mining Lease No. 1283/1995 situated near village Ransi Gaon, Tehsil Bilara, District Jodhpur. The petitioner fulfilled all the requisite conditions and started operating the mining lease which was allotted for the period of 20 years. The petitioner approached the concerned Officer of the Mining Department for depositing the due amount in the month of September, 2014 and came to know that on 9/11/1998, the mining lease had been revoked on account of default on the part of the petitioner in depositing the royalty. The petitioner being aggrieved of the aforementioned order dtd. 9/11/1998 (Annexure-1), preferred an appeal before the Additional Director (Mines), Mines and Geology Department, Jodhpur Zone, Jodhpur, which was transferred to the Additional Director (Mines) (Environment and Development), Directorate of Mines and Geology Department, Government of Rajasthan, Udaipur. The said appeal preferred by the petitioner was rejected on the ground that it was time barred. The petitioner being aggrieved of the order dtd. 27/9/2017 (Annexure-3), has preferred the present writ petition.

(3.) Learned counsel for the petitioner places reliance upon the order dtd. 6/11/2017 passed by this Court in S.B. Civil Writ Petition No. 14717/2016 (M/s Sojat Lime Company v. State of Rajasthan & Ors.), the relevant portion of the said order is reproduced hereunder :-