A mining lease holder's right to claim renewal of the lease is closed if he fails to deposit outstanding dues within the stipulated time.

JUDGMENT

Sangeet Lodha, J. - By way of this writ petition, the petitioner has questioned legality of notification dated 15.2.13 issued by the Joint Secretary, Department of Mines, Government of Rajasthan, whereby out of the mining area measuring 17.64 sq. kilometer of mineral cement grade limestone reserved for prospection and mining vide notification dated 4.1.08, certain mining area has been dereserved w.e.f. 16.2.13. The petitioner has sought further directions for consideration of his case for renewal/approval/fresh grant of the mining lease in his favour in respect of the mining area covered by mining lease earlier granted in his favour.

2. The facts in nutshell are that a mining lease over an area of 15 sq. kms. of land situated in Village Murkasani, Tehsil Bilara, District Jodhpur, was granted to the petitioner for mineral limestone in the year 1976 for a period of five years, which was renewed in the year 1981 for a period of ten years. On coming into force of Rajasthan Minor Mineral Concession Rules, 1986 (for short "the Rules of 1986"), maximum lease area was determined at 10 sq. kms. and therefore, the petitioner made an application for renewal in the year 1991 for the area 10 sq. kms. and remaining area was surrendered. Vide order dated 17.1.97, second renewal was granted in favour of the petitioner for the mining area 999.97 (10 sq. kms.) for a period of ten years w.e.f. 8.7.91 and the annual dead rent payable was determined at Rs. 3,65,415/-. On account of failure of the petitioner in clearing dues regarding dead rent etc. despite notice being issued, vide order dated 16.12.98 issued by the Director, Department of Mines and Geology, Udaipur, the renewal of the mining lease granted in favour of the petitioner vide order dated 17.1.97 was revoked and the security amount was forfeited. The possession of the mining area was taken and it was declared vacant.

3. Aggrieved by the order dated 16.12.98, the petitioner preferred an appeal to the State Government under Rule 43 of the Rules of 1986, which was dismissed vide order dated 25.8.99 observing that the renewal of the mining lease is possible only when the existing mining lease is operative. However, while taking into consideration the willingness of the petitioner to clear the dues of dead rent, the directions were issued to take proceedings for restoration of the mining lease, on the petitioner depositing 40% of the outstanding dues of Rs. 11.76 lacs i.e. a sum of Rs. 4,70,640/- within a period of 30 days and remaining amount in six monthly installments. That apart, 25% of the amount of land tax was required to be deposited within 30 days and remaining 75% in installments as may be directed by the State Government, in case no stay order granted by the court was operative. It was further ordered that on the outstanding dues of dead rent and land tax, interest shall be payable, which shall be recovered along with instalments.

4. The legality of the order dated 25.8.99 was not challenged by the petitioner by taking appropriate remedy rather, as averred in the petition, he made representation in this regard to the Department of Mines and finally made an application under Rule 57 of the Rules of 1986 before the Deputy Secretary, Department of Mines, Government of Rajasthan. According to the petitioner, during the pendency of his application under Rule 57 of the Rules of 1986, by way of impugned notification, his mining area has been dereserved and thus, the petitioner stands deprived of his right over the mining area covered by the mining lease. Hence, this petition.

5. It is pertinent to note that on 14.3.13, a coordinate Bench of this court while recording the submission of Mr. Arjun Singh, the power of attorney holder of the petitioner, passed an order in following terms:

" The lawyers are not present as they are observing strike.

Mr. Arjun Singh S/o Sh. Manohar Singh, power of attorney holder of petitioner Ravi Prakash Mishra and Mr. Rajendra Singh Mehta, authorized repre