TIWARI JHUMERLAL SWAROOPLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Arts. 226 and 227 of the Constitution of India by M/s Tiwari Jhumerlal Swarooplal praying for the issue of a writ of certiorari, mandamus and prohibition to quash an order of the Rajasthan Government dated the 6th August, 1963. , cancelling the petitioner's lease, and also for the issue of a writ of mandamus directing the respondent to allow the petitioner to continue to work out the mines for the remaining period of the lease and prohibiting and restraining the respondent from sanctioning the reaction of the lease in the name of others. The case set up by the petitioner in the writ application may be briefly stated as follows : -

(2.) THE petitioner is a registered partnership firm carrying on the sand stone mining business in the Tehsil Bayana and Roopbas in District Bharatpur. THE firm's constitution had changed from time to time but since April, 1958, it has been a firm consisting of four partners. However, in spite of the change in the constitution of the firm the firm has been maintaining the continuity of the business. In the year 1943 the firm was granted the mining lease of the area containing sand stone in Tehsil Bayana and Roopbas of the then Bharatpur State for a period of 10 years, the dead rent ranging from Rs. 72,000/- to Rs. 80,000/- per annum. On the expiry of the period of 10 years the lease was renewed by the Government of Rajasthan - successor State of the then Bharatpur State - for a period of another 8 years on the dead rent of Rs. 1,00,000/- per annum. This period of 8 years for which the lease was renewed expired on 30th April, 1961. THE petitioner firm applied for the renewal of the lease. THE Government of Rajasthan did not grant a renewal of the lease but granted a fresh lease for 30 sq. miles area in three blocks of 10 sq. miles each on a dead rent of Rs. 2,00,000/- per annum for a period of 5 years with effect from 1st May, 1961 to 30th April, 1966, under Government orders dated 30th May, 1961 (Annexure A ). It may be conveniently pointed out here that the order of the Government clearly contemplated the execution of proper agreement of lease and provided "that the order sanctioning lease shall stand revoked without notice if the grantee did not execute a proper agreement within two months from the date of the issue of the order. "