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2022 Supreme(Raj) 1913

SANDEEP MEHTA, VINOD KUMAR BHARWANI
Ramakishan Prajapat – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Dr. Sachin Acharya, for the Appellant, Mr. Sandeep Shah, for the Respondent.

JUDGMENT

1. Brief facts relevant and essential for disposal of this appeal are noted herein below:

Shri Ramakishan Prajapat (the erstwhile mining lease holder-since deceased) through his legal representations filed Single Bench Writ Petition No. 14777/2018 for assailing the order dated 26.06.2018 passed by the Joint Secretary, Department of Mines whereby, the appeal preferred by Shri Ramakishan questioning the legality of the order dated 11.01.2002 passed by the Superintending Mining Engineer, Jodhpur cancelling the mining lease granted to Shri Ramakishan Prajapat was dismissed.

Shri Ramakishan Prajapat was granted a mining lease of limestone mineral at the Village Hemdai, Tehsil Jaitaran, District Pali over an area admeasuring 5 Hectares comprising KhasraNo. 1633 for a period of twenty years w.e.f. 04.11.1999. Shri Ramakishan Prajapat failed to deposit the dead rent to the tune of Rs.37,300/- for the period from 04.11.2000 to 03.05.2001 and thus, the Assistant Mining Engineer, Sojat City recommended cancellation of the mining lease. The Superintending Engineer accepted the recommendation and cancelled the mining lease granted in favour of the original lessee Shri Ramakishan Prajapat

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