KAMAL KANT JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This special appeal is directed against the order dtd. 10/8/2007 passed in S.B.Civil Writ Petition No. 7367/2006, whereby, the writ petition filed by the appellant-petitioner has been dismissed.

(2.) The writ petition was filed by the appellant-petitioner inter alia questioning the validity of the order dtd. 7/1/2003 passed by the Additional Director (Mines), Udaipur Zone, Udaipur, whereby, the mining lease of the appellant-petitioner was cancelled & the renewal application was rejected and order dtd. 20/9/2006 passed by the Deputy Secretary to the Government of Rajasthan, Department of Mines, rejecting the revision petition filed by the appellant under Rule 47 of the Rajasthan Minor Mineral concession Rules, 1986 ('the Rules, 1986').

(3.) It is inter alia indicated in the petition that the mining lease for mineral marble was allotted to the appellant-petitioner on 9/2/1982 and the agreement in this regard was executed on 10/5/1982, which was registered on 3/8/1982. After working the mine during the lease period, the appellant-petitioner submitted an application for renewal of the mining lease on 5/12/1991. On account of retrospective revision of dead rent, the respondents demanded a sum of Rs.1,55,830.00 from the appellant-petitioner as dead rent, validity whereof was challenged by the appellantpetitioner by filing SBCWP No. 2672/2000, which came to be allowed by order dtd. 17/7/2001, holding that the revision of dead rent could not have been made with retrospective effect. Based on the said judgment, the revised demand was raised by the respondents, validity of which was also challenged by the appellant-petitioner by filing SBCWP No.4773/2001, which was pending at the time of filing of present special appeal. Notice was sent by the respondents for payment of dead rent on 7/3/2002 to the tune of Rs.3,90,377.00, which remained pending.