Point of Law: Amnesty Scheme was floated to give benefit to mining lease holder.

ORDER :

S.B. Civil Writ Petition No. 1410/2022 :

1. Heard learned counsel for the parties.

2. The present writ petition has been filed against the order dated 24/02/2015 passed by the Superintending Mining Engineer, Jodhpur, whereby the mining lease granted in favour of the petitioner was cancelled and the order dated 18/11/2021 passed by the Deputy Secretary (Mines), Mines Department, Government of Rajasthan, Secretariat, Jaipur, whereby the appeal of the petitioner was rejected.

3. Brief facts giving rise to the present writ petition are that vide order dated 06/05/1989, the petitioner was granted a Mining Lease (ML No.08/1999) for mineral Limestone near Village Barna Harsh, Tehsil Bilara, District Jodhpur. While the petitioner was operating the mine, he was served with a notice dated 04/02/2014 for deposition of the dead rent due. Since the petitioner did not deposit the dead rent in pursuance of the notice dated 04/02/2014, the mining lease of the petitioner was cancelled vide order dated 24/02/2015. Against the order of cancellation dated 24/02/2015, the petitioner preferred an appeal which was also rejected by the Appellate Authority vide order dated 18/11/2021. During the pendency of the appeal, the petitioner deposited an amount of Rs.1,21,366/- on 06/07/2015. In the meantime, the State Government also floated an Amnesty Scheme for deposition of the outstanding amount from the lease holders. The petitioner, in pursuance of the Amnesty Scheme, deposited the entire amount due and a receipt was issued to him which is placed on record as Annexure-4(E-challan dated 23/03/2021). The Appellate Authority has rejected the appeal of the petitioner on the ground that 'No Objection Certificate' was not issued by the respondents, although the Appellate Authority has taken note of the fact that the amount due to the Government has been deposited by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner was depositing the requisite amounts due to the Government till he was issued a notice dated 04/02/2014 as the same was his first default. Learned counsel further submits that since the requisite amount was not deposited within the stipulated period of fifteen days, therefore, the Mining Engineer, Jodhpur vide order dated 24/05/2015 cancelled the lease issued in favour of petitioner. The order dated 24/02/2015 passed by the Mining Engineer, Jodhpur was assailed by the petitioner by way of filing an appeal and during the pendency of the appeal, the petitioner deposited the entire amount due towards the State Government, though taking the benefit of Amnesty Scheme. Learned counsel submits that though the Appellate Authority has taken note of the deposition of the entire amount due in the order dated 18/11/2021 but merely because 'No Objection Certificate' was not issued in favour of the petitioner, the appeal of the petitioner was rejected and the lease granted in favour of the petitioner was not restored.

5. Learned counsel for the petitioner submits that this Court in the case of M/s. Sojat Limes Company vs. State of Rajasthan & Ors. (SB Civil Writ Petition No.14717/2016, decided on 06/11/2017) has taken a view that if certain dues towards the dead rent are not deposited by a person, then harsh penalty of cancellation of mining lease should not be resorted to. He submits that in the present case, the petitioner has not deposited the dead rent for certain period for which he has been penalized with the cancellation of his mining lease which is very harsh. He, therefore, prays that the writ petition may kindly be allowed and the orders dated 24/02/2015 and 18/11/2021 may be quashed and set aside and the Mining Lease No.08/99 granted in favour of the petitioner may be restored.

6. Per contra, learned counsel for the State vehemently opposed the submissions made by learned counsel for the petitioner and submits that the amount due to the petitioner was liable to be deposited by him within a period of fifteen days from