RAMESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT writ petition has been filed by the petitioner for quashing the order dated 9.10.90 passed by Collector, Jaisalmer, Anx. 5 to the writ petition, in exercise of his power under Section 91 of Rajasthan Land Revenue Act imposing penalty for constructing house over lease land granted to him as envisaged under Section 89(7) of the said Act. He further sought a relief for quashing notice issued in consequence thereof for his appearance in his court by Tehsildar, Jaisalmer, Anx. 8 to the writ petition.

(2.) BRIEF facts leading up to filing of present writ petition are that the petitioner had applied for grant of mining lease for mineral masonary stone near village Badabagh Tehsil and District Jaisalmer for an area measuring 100 meters X 100 meters whereupon the Mining Engineer, Jodhpur granted a mining, lease. A lease was executed between State and the petitioner on 20.4.90, a copy whereof is filed alongwith writ petition and marked as Anx. 1.

(3.) THERE are further stipulations in Sub -clause (14) of Clause 4 of the mining lease, Anx. 1 to the writ petition, which reads thus: Building erected by the lessee - -The lessee/lessees may erect on the area granted to him/them any building required for bonafide mining purposes and such building shall be the property of the Government after expiry of the lease.