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NUPUR BHATI
Hari Ram Bishnoi – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
(Nupur Bhati, J.)
The present writ petition has been preferred under Article 226 of the Constitution of India with the following prayers:-
b. That the Non-Petitioner No.2 may be directed to consider the application of the Petitioner for condonation of delay on it's own merit and then decide the appeal in accordance with Law: and
c. any other appropriate relief which this Hon'ble Court deem just and proper in the facts and circumstances of this case, may kindly be also granted in favour of the Petitioner: and
d. award the cost of this writ petition to the Petitioner.
2. Brief facts of the case are that a mining lease for mineral lime stone was allotted in favour of the petitioner vide order No. 2914 dated 03.11.1995 in Mining Lease No. 1283/1995 situated near village Ransi Gaon, Tehsil Bilara, District Jodhpur. The petitioner fulfilled all the requisite conditions and started operating the mining lease which was allotted for the period of 20 years. The petitioner approached the concerned Officer of the Mining Department for depositing the due amount in the month of September, 2014
The court emphasized the necessity for authorities to follow procedural rules before canceling mining leases, allowing alternative penalties rather than outright cancellations.
The court emphasized the necessity of adhering to procedural requirements in administrative actions, particularly the right to a hearing and jurisdictional limits post-mineral classification changes.
The cancellation of the mining lease was found to be in accordance with the statutory provision of Rule 25(5) of the Orissa Minor Mineral Concession Rules, 2004.
The mandatory requirement of depositing dead rent for a mining lease and the automatic consequence of non-deposition leading to cancellation of the lease.
Non-deposition of dead rent leads to automatic cancellation of mining lease, and time-barred appeals lack merit.
The court emphasized the importance of considering extenuating circumstances, such as the petitioner's medical condition, and held that arbitrary decisions without due consideration are not permissib....
State Government framed the Rajasthan Minor Mineral Concession Rules, 2017.
The failure to consider a party's explanation before adverse action constitutes a violation of natural justice, rendering the decision arbitrary.
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