DEVENDRA VERMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is filed challenging the impugned orders dtd. 30/6/2004, 18/3/2021 and 30/5/2023 cancelling the lease deed, dismissing the appeal and the revision petition respectively.

(2.) The challenge in the present petition is to the order of the Appellate Authority dismissing the appeal as time barred having been filed with a delay of seventeen years.

(3.) Brief facts are that grand-father of the petitioner (hereinafter referred as 'deceased') was sanctioned a mining lease bearing ML No.74/1997 for an area measuring 4.28 hectare, near Village Manakpur, Tehsil Mundwa, District Nagaur vide order dtd. 5/3/1999 and the mining lease was executed. The deceased executed a power of attorney on 23/9/1999 in favour of one Sh.Manish Choudhary for operating the mining lease. On 19/9/2003, notice was issued for depositing Rs.1,75,273.00 and for removal of defects pointed out in the notice. For noncompliance of the notice, the lease deed was cancelled vide order dtd. 30/6/2004. Due to non-deposit of payment, the recovery proceedings were initiated under Land Revenue Act, 1956 and order dtd. 4/5/2007 was passed attaching the residential house of the deceased. The attachment order was challenged in SBCWP No.5264 of 2007. The writ petition was disposed of on 9/8/2017 as limited prayer was made that four months time be granted to make the payment. The petitioner was directed to pay entire due amount with interest @9% per annum within four months. On failure to do the needful, the respondents were given opportunity to initiate contempt proceedings against the petitioner. On non-compliance, the respondents issued a contempt notice dtd. 30/9/2019 to the deceased person. Petitioner responded to notice stating there cannot be contempt against dead person. The CCP No.1469/2019 titled as State of Rajasthan Versus Shri Rajesh Verma filed and was withdrawn with liberty to initiate appropriate legal proceedings taking into account that the deceased had expired. The petitioner challenged the order dtd. 30/6/2004 cancelling the lease deed by filing an appeal No.180/2020. The appeal was dismissed as time barred vide order dtd. 18/3/2021. The revision filed was dismissed on 30/5/2023 upholding the dismissal of the appeal being time barred.