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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Vaibhav Minerals, Through Its Partner Shri Devendra Pratap Singh Ashiya, S/o Shri Parwat Singh Aashiya – Appellant
Versus
Department Of Mines And Geology, Through The Director, Mines And Geology – Respondent
ORDER :
NUPUR BHATI, J.
1. The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers:-
“1. The order dated 09.06.2021 (Annex.7) may kindly be declared illegal and the same may kindly be quashed and set aside.
II. The respondents may kindly be restrained from revoking the permission for transfer granted in favour of the petitioner by order dated 30.09.2020 (Annex.2)
III. The respondents may be directed to permit the petitioner to continue the mining activities under the transferred Mining Lease no. 20/2006.
IV. Any other relief which this Hon'ble Court deems fit in the interest of justice may kindly be passed in favour of the petitioner.
V. Cost of the litigation may also kindly be passed in the favour of the petitioner.”
2. Brief facts of the case are that the respondent department had issued Mining Lease No.20/2006 for a period of thirty years in favour of M/s. Kalpatru Minerals for mining of Quartz Feldspar. Shri Parwat Singh Aashiya, father of Shri Devendra Pratap Singh Aashiya, was one of the partners of M/s. Kalpatru Minerals. The firm undertook mining operations in compliance with all legal requirements. Subsequently, the tenur
Delay in registration of mining lease transfer due to unavoidable circumstances, such as a partner's quarantine, warrants judicial consideration and cannot justify revocation of permission.
The court found the mining lease transfer application ineligible due to failure to comply with legal requirements, notably the absence of an approved mining plan as mandated by law.
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....
The registration authority must refuse registration of any instrument related to state-owned lands unless mandatory consent from the State Government is obtained, reaffirming the legal necessity to a....
The court emphasized the necessity for authorities to follow procedural rules before canceling mining leases, allowing alternative penalties rather than outright cancellations.
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.
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