TIWARI JHOOMA LAL SWAROOPLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This rule is directed against an order passed by the Government by way of penalty forfeiting 40% of the security which the petitioner deposited with the Government.

(2.) The petitioner is a lessee of minor mineral under the Rajasthan Minor Mineral Concession Rules, 1959 (here in after referred to as 'the Rules'). These Rules have been framed under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 The petitioner was in possession of the said mine for a number of years but during the period in question, though the petitioner continued in possession, no lease deed was executed by the Government for the reasons best known to them. But be that as it nay, under Rule 17 of the Rules, it has been provided that the conditions have been included in every mining lease and if they are not so included, shall be deemed to have been included therein. Therefore, whether the lease was executed or not, a minor mineral lease will be deemed to contain the provisions as laid down in Rule 17 of the Rules. Sub-rules (21) and (22) of Rule 17 run as follows:

(3.) I, therefore, set aside the order in so far as the penalty portion is concerned and maintain the other portions of the order. It is, however, said that the petitioners have already paid the dues of the Government. That is for the Government to consider and it some dues still are pending, they will be at liberty to realise the same from the petitioners. Any amount which has already been paid as a penalty will be adjusted to the subsequent rent or dead rent or royalty by the Government.