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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
| Table of Content |
|---|
| 1. overview of mining lease transfer process and issues. (Para 1 , 2) |
| 2. arguments regarding compliance and delay due to covid-19. (Para 3 , 4) |
| 3. court's analysis and consideration of circumstances. (Para 5) |
| 4. quashing of impugned order due to justified delay. (Para 6) |
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
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.
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