STATE OF RAJASTHAN Vs. HARI SINGH

JUDGEMENT

(1.) By an order dated 11.12.1985 a mining lease for excavating minor mineral lime stone was sanctioned in favour of the respondent petitioner as per provisions of the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as 'the Rules of 1986'). The lease at the first instance was for a period of ten years and was further extended for ten years w.e.f. 1.4.1986. The term of lease came to be expired on 31.3.1996 and on 3.4.2006 possession of the leased area was taken over by the Department of Mining as no application was preferred for further extension of lease term. On 10.8.2006 the respondent petitioner submitted an application for extension of lease term but that came to be rejected vide order dated 26.9.2006 passed by Additional Director (Mines), Jodhpur. The Additional Director while rejecting the application stated that after expiry of the lease term on 31.3.2006 possession of the area was taken on 3.4.2006 and the lessee did not submit any application for renewal within the period prescribed under the Rules of 1986.

(2.) Being aggrieved by the order dated 26.9.2006 the respondent petitioner preferred a revision petition before the State Government but that too came to be rejected vide order dated 24.4.2007. The revisional authority noticed that the application for renewal of the mining lease was submitted on 10.8.2006 i.e. after a lapse of about one year and four months from the date on which application for renewal should have been moved. The revisional authority also not find any sufficient reason to condone a huge delay in submitting renewal application.

(3.) To challenge the order passed by the revisional authority and the order passed by the Additional Director (Mines) dated 26.9.2006 the respondent petitioner approached this Court by way of filing a petition for writ that came to be accepted by judgment dated 4.2.2013. Learned Single Bench while accepting the petition for writ observed and held as under:--