LAWS(RAJ)-2023-2-209

OM PRAKASH AGRAWAL Vs. STATE OF RAJASTHAN

Decided On February 02, 2023
OM PRAKASH AGRAWAL Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed against the order dtd. 24/02/2015 passed by the Superintending Mining Engineer, Jodhpur, whereby the mining lease granted in favour of the petitioner was cancelled and the order dtd. 18/11/2021 passed by the Deputy Secretary (Mines), Mines Department, Government of Rajasthan, Secretariat, Jaipur, whereby the appeal of the petitioner was rejected.

(3.) Brief facts giving rise to the present writ petition are that vide order dtd. 06/05/1989, the petitioner was granted a Mining Lease (ML No.08/1999) for mineral Limestone near Village Barna Harsh, Tehsil Bilara, District Jodhpur. While the petitioner was operating the mine, he was served with a notice dtd. 04/02/2014 for deposition of the dead rent due. Since the petitioner did not deposit the dead rent in pursuance of the notice dtd. 04/02/2014, the mining lease of the petitioner was cancelled vide order dtd. 24/02/2015. Against the order of cancellation dtd. 24/02/2015, the petitioner preferred an appeal which was also rejected by the Appellate Authority vide order dtd. 18/11/2021. During the pendency of the appeal, the petitioner deposited an amount of Rs.1,21,366.00 on 06/07/2015.