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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 4338/2026

Divya Gehlot D/o Shri Rajendra Singh Gehlot, Aged About 53 Years, Resident Of 209, Royal Ensign, A-6, Prithviraj Road, C

Scheme, Jaipur 302001.

----Petitioner Versus

1. The State Of Rajasthan, Through The Principal Secretary, Department Of Mines And Geology, Government Of

Rajasthan, Secretariat, Jaipur.

2. The Director, Mines And Geology, Government Of Rajasthan, Directorate Of Mines, Khanij Bhawan, Shastri

Circle, Udaipur.

3. The Assistant Mining Engineer, Mines And Geology, Government Of Rajasthan, Directorate Of Mines, Khanij

Bhawan, Asop Road, Gotan, District Nagaur.

----Respondents

For Petitioner(s) : Mr. M.S. Singhvi, Sr. Adv. assisted by Mr. Akhilesh Rajpurohit

Mr. Nishant Bapna Mr. Hardik Vyas

Mr. Chirag Kalani Mr. Tara Ram Sirvi

For Respondent(s) : Mr. Lalit Pareek, DGC

HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

25/03/2026

1. Present writ petition is filed challenging order dated 02.01.2026 passed by Assistant Mining Engineer, Gotan to the extent the same had reduced mining lease period of petitioner i.e.

M.L. No.02/2009 from 24.01.2040 to 24.01.2030.

2. Arguing on behalf of petitioner learned senior advocate Mr. M.S. Singhvi stated that initially mining lease has been issued in

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favour of in favour of predecessor of petitioner vide order dated 05.10.1979 for mineral limestone for ten years. Registration of the said mining lease was done on 25.01.1980. At that time, “limestone” was classified as “minor mineral”. On applying for renewal, said mining lease were extended for a further period of

ten years i.e. up to 24.01.2000.

3. As per Rule 16(2) of Minor Mineral Concession Rules, 1986 (MMCR 1986) maximum period of mining lease was up to 30 years. Thus, the lease period was extended up to 25.01.2010. In terms of Rule 17 of MMCR, 1986, mining lease of petitioner was

further extended for 20 years i.e. up to 24.01.2030.

4. Later on, Rule 17 of MMCR, 1986 was amended and on application of petitioner, respondent No.3 vide its order dated 26.09.2012 (Annexure-4) extended the mining lease up to

24.01.2040.

5. Counsel for the petitioner stated that by virtue of the said order dated 26.09.2012, the petitioner was holding the mining

lease for mineral limestone up to 24.01.2040.

6. Counsel for the petitioner stated that vide notification dated 10.10.2025 (Annexure-7), “limestone” has been declared as “major mineral” and thereby providing the regulation of said mining lease under Mines and Mineral (Development and

Regulation) Act, 1957 Rule “MMDR, 1957”.

7. In pursuance of said notification, Ministry of Mines issued order dated 13.10.2025, issuing directions with respect to existing minor mineral leases of limestone. Learned counsel for the petitioner while relying upon Clause 8 of said order submits that so far as the same relates to ‘period of mining lease’, is in

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consonance with Section 8(A)(6) of Mines and Minerals (Development and Regulation) Act, 1957 (MMDR, 1957) and directions contained in Clause 1(a) requires existing lease holder of limestone to register with Indian Bureau of Mines (IBM) on or

before 31.03.2026.

8. Learned counsel for the petitioner stated that respondent No.3 has issued the order dated 02.01.2026 and called upon the petitioner for executing the ‘supplementary lease deed’ by providing the period of mining lease only up to 24.01.2030 as per Rule 9(2) of the Minor Mineral Concession Rules, 2017 (MMCR,

2017).

9. Counsel for the petitioner stated that the mining lease of the petitioner has already been extended up to 24.01.2040 and the same cannot be allowed to be reduced. It is also contended that order impugned dated 02.01.2026, to that extent is in violation of the provisions of Section 8(A)(6) of MMDR, 1957 so also Rule 9