SANDEEP PANDEY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is filed seeking quashing of order dtd. 3/10/2019 canceling permission for transfer of lease holding rights in favour of the petitioner.

(2.) The brief facts are that land situated in Khasra No. 91/2/2 measuring nineteen Bighas nine Biswas in Kasba Jhunjhunu was allotted to respondent No.3 under Sec. 92 of Rajasthan Revenue Act, 1956 and Rajasthan Land (Industrial Purposes Allotment) Rules 1959 (hereinafter referred as 'Rules'), for industrial purposes. The lease deed with specific conditions was executed on 17/8/2002. Respondent No 3 established stone crusher by the name of M/s J.P. Stone Crusher. On 18/3/2015 petitioner and respondent No.3 entered into agreement for selling the stone crusher and lease hold rights of two Bigha land from land in question. On an application made by respondent No 3, vide order dtd. 8/12/2015 permission was granted for transfer of lease hold right in favour of petitioner.

(3.) Mining department initiated proceedings against respondent No 3. for recovery of Rs.7,92,98,270.00. The Tehsildar Jhunjhunu gave a report dtd. 19/11/2015 that land in question in Khasra No 4112/201 measuring two Bigha allotted to respondent No 3, (lease hold rights of which were transferred to petitioner) the Stone Crusher established thereupon and other structures are to be attached for recovery of due of Mining department. On 9/12/2015 Mining Department wrote letter to District Collector Jhunjhunu that there are recoverable dues against respondent No 3 and order dtd. 8/12/2015 granting permission for transfer of lease hold rights be amended. In the meanwhile the petitioner made an application for transfer of lease deed. The transit passes were also sought by the petitioner from Mining department. Petitioner aggrieved of non grant of transit pass by mining department filed, SBCWP 9393 of 2019. Vide order dtd. 01/06/2019 respondents were directed to do the needful for determining the claim of the petitioner and in meanwhile recovery proceedings were stayed.