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2005 Supreme(Raj) 458

GOVIND MATHUR
Kaushaliya Devi – Appellant
Versus
State – Respondent


Advocates Appeared:
Mr. D.R. Bhandari, for the Petitioner. Mr. S.N. Tiwari, Dy. Govt. Advocate..

Judgment

Govind Mathur, J.-By this writ petition a challenge is made to the order dated 15.1992 passed by the Mining Engineer Division II, Bundi whereby a mining lease granted in favour of the petitioner was cancelled.

2. The facts of the case necessary for adjudication of the petition are that the petitioner was granted a mining lease No. 52 of 1991 situated near Village Fetehpur, Tehsil and District - Bundi. The mining lease was for sand-stone and was granted on 20.2.1992 for a period of 10 years. The lease deed was registered on 9.4.1992. The petitioner started work at the quarry in question on execution of the lease. In surprise to the petitioner the order dated 15.1992 was received by him on 26.5.1992 whereby the mining lease granted to him was cancelled by the Mining Engineer. Being aggrieved by the same the present petition is preferred.

3. The contention of the petitioner is that the lease granted in his favour was cancelled by the respondent Mining Engineer without affording an opportunity of hearing as required to be given under Sub-sec. (3) of Sec. 4-A of Mines and Minerals (Regulation and Development) Act, 1957.

4. A reply to the writ petition has been filed on behalf o




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