JUDGMENT :

1. At the joint consent of the learned counsels for the parties, the matter is heard finally today itself.

2. The present amended writ petition is filed under Article 226 of the Constitution of India claiming following reliefs:

"It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction:-

i) quash the order dated 13.12.2016 (Annexure-6 and Annexure 7); and

ii) the respondents may be directed to grant the first renewal of mining lease for mineral soapstone permitting the humble petitioner to avail the renewed period of mining lease by handing over possession to the humble petitioner within a given time; and iii) any other appropriate relief which this Hon'ble Court deems it necessary in the facts and circumstances of the present case be granted in favour of the petitioner; and

vi) award the costs of this writ petition to the petitioner against the respondents."

3. The factual matrix of the case is that the petitioner is a partnership firm and was granted a mining lease for mineral Soapstone and Asbestos Near Village Ghughra, Tehsil and District Dungarpur for a period of 20 years w.e.f. 02.05.1970 for an area measuring 104.415 hectares. During the currency of the lease the petitioner had surrendered 60.365 hectare area by making a part surrender application and the same was accepted on 13.03.1989.

4. The petitioner-firm had applied for first renewal of the mining lease vide application dated 28.04.1989 for 46.06 hectare retained area, however, the Secretary, Department of Mines, Government of Rajasthan, Jaipur, Respondent No. 1, did not decide the renewal application within the time stipulated under the Mineral Concession Rule, 1960 (hereinafter referred to as 'Rules of 1960') at the relevant time and the first renewal application came in the category of deemed to have been refused.

5. The petitioner being aggrieved against the deemed refusal of the renewal application had filed a Revision Petition (Revision Application No. 1/RJ-58/91-M.IV) dated 27.04.1991 before the Central Government, in which the Joint Secretary, Ministry of Steel and Mines, Department of Mines, Government of India, vide final order NO.292/1991 dated 13.06.1991 set aside the deemed refusal and directed the Secretary, Department of Mines, Government of Rajasthan, Respondent No. 1, to pass a final and speaking order on the renewal application of the petitioner within 200 days.

6. The Secretary, Department of Mines, Government of Rajasthan, Respondent No. 1, vide its order dated 20.07.1993, without any notice and without affording any opportunity of hearing, proceeded to reject the renewal application on the ground that the Central Government had not granted approval under Section 5 (1) of the Mines and Mineral (Development and Regulation) Act, 1951 (hereinafter referred to as 'the Act of 1951').

7. Thereafter the petitioner being aggrieved by the order dated 20.07.1993 passed by the State Government, Respondent No. 1, against the refusal of renewal even in respect of mineral soapstone had filed a civil suit in Case No. 225/93 for Declaration and Permanent Injunction before the Court of Civil Judge (Junior Division), Dungarpur, who vide its judgment and decree dated 15.01.2001 dismissed the suit of the petitioner.

8. Being aggrieved against the judgment and decree dated 15.01.2001 passed by the Civil Judge (Junior Division), Dungarpur, petitioner had filed an appeal in Civil Appeal No. 02/2001 before the court of District Judge, Dungarpur, who also vide judgment and decree dated 18.10.2006 dismissed the appeal of the petitioner and affirmed the judgment and decree dated 15.01.2001 passed by the Civil Judge (Junior Division), Dungarpur.

9. Thereafter, the petitioner had preferred a second appeal before this Hon'ble Court being S.B. Civil Second Appeal No. 436/2006, which was decided by the Judgment dated 10.12.2015 and the respondents were directed to consider the