BAKHTAWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed by the petitioner challenging the order dated 09.08.2004 passed by the respondent department whereby application of the petitioner for allotment of mine is rejected.

(2.) ACCORDING to facts of the case set out in the writ petition, the respondent Department issued notification dated 20.10.1998 published in the Rajasthan Gazette Extraordinary dated 23.02.1998 whereby certain area was declared free for grant of mining lease for mineral 'dolomite'. The said notification was issued in exercise of power under Rule 75 of the Rajasthan Mineral Concession Rules, 1960 vide Annex.-1 to the writ petition.

(3.) IN this notification, it is further specifically mentioned that whatever amount the State Government has spent for the aforesaid area the same shall be required to be deposited in the government treasury. It is contended by learned counsel for the petitioner that while exercising power under Section 75 of the Rules of 1960 the said notification was issued and application was filed by various persons inter alia the petitioner; however, while narrating wrong facts in the impugned order the application filed by the petitioner was rejected and it is ordered that the amount deposited by the petitioner is also forfeited.