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2023 Supreme(Raj) 254

ARUN BHANSALI, YOGENDRA KUMAR PUROHIT
Kamal Kant Jain S/o Shri Moti Lal Jain – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : D.D. Thanvi, Amit Vyas.
For the Respondents: Sandeep Shah, Akshiti Singhvi.

JUDGMENT :

ARUN BHANSALI, J.

1. This special appeal is directed against the order dated 10.8.2007 passed in S.B. Civil Writ Petition No. 7367/2006, whereby, the writ petition filed by the appellant-petitioner has been dismissed.

2. The writ petition was filed by the appellant-petitioner inter alia questioning the validity of the order dated 7.1.2003 passed by the Additional Director (Mines), Udaipur Zone, Udaipur, whereby, the mining lease of the appellant-petitioner was cancelled and the renewal application was rejected and order dated 20.9.2006 passed by the Deputy Secretary to the Government of Rajasthan, Department of Mines, rejecting the revision petition filed by the appellant under Rule 47 of the Rajasthan Minor Mineral concession Rules, 1986 (‘the Rules 1986’).

3. It is inter-alia indicated in the petition that the mining lease for mineral marble was allotted to the appellant-petitioner on 9.2.1982 and the agreement in this regard was executed on 10.5.1982, which was registered on 3.8.1982. After working the mine during the lease period, the appellant-petitioner submitted an application for renewal of the mining lease on 5.12.1991. On account of retrospective revision of dead r

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