HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SANJEET PUROHIT
Takhat Singh S/o Shri Nirbhay Singh Rajput – Appellant
Versus
State of Rajasthan – Respondent
Key Points: - The petition challenges cancellation/termination of mining lease dated 19.10.2022 under Rule 28(2)(xvii)(a) of the 2017 Rules and seeks restoration of the lease (p_16). - The Court analyzes the mandatory 30-day notice requirement (second proviso) before termination and its proper stage (p_37, p_41, p_62, p_64, p_65, p_70, p_71). - It notes the sequence of breaches, penalties under Schedule IV, and that termination is a last resort after failure to remedy within notice/45 days (p_53, p_58, p_59, p_60). - The judgment emphasizes the need for a reasoned, non-speaking order and adequate consideration of the lessee’s reply (p_95, p_99–p_115). - It cites doctrine of proportionality and the requirement to consider lesser penalties before terminating (p_73–p_85, p_83). - It discusses harassment/hostile discrimination concerns where similar cases received restoration after Amnesty deposits but petitioner did not (p_116, p_117, p_123–p_125). - The court quashes the impugned orders and directs restoration of the mining lease, allowing continued operations subject to law and payment of remaining dues (p_125, p_126, p_127).
JUDGMENT :
SANJEET PUROHIT, J.
1. The present writ petition has been filed assailing the order dated 19.10.2022, cancelling mining lease of the petitioner in exercise of powers under Rule 28(2)(xvii)(a) of the Rajasthan Minor Mineral Concession Rules, 2017 (hereinafter referred to as the “Rules of 2017”). Petitioner prayed for restoration of mining lease dated 07.02.2020.
2. Brief facts giving rise to the present writ petition are that petitioner applied for grant of mining lease for minerals quartz and feldspar in respect of land falling within his khatedari holdings, comprising Khasra Nos. 873/155 and 868/155, situated at Village Takariyon Ka Gura, Tehsil Nathdwara, District Rajsamand. Upon completion of procedure prescribed under Rules of 2017, respondent authorities granted and executed a mining lease in favour of the petitioner on 07.02.2020 for a period of 50 years.
2.1 During subsistence of the mining lease, Respondent No. 3 issued notice dated 12.01.2022 alleging two breaches on the part of the petitioner, namely, non-installation of pakka boundary pillars over the lease area and undertaking unauthorized mining. Petitioner duly submitted a reply thereto, inter alia stating that


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