Ganpat Lal Sankhla vs State Of Raj. And Ors
2022 Latest Caselaw 7613 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11728/2010

Ganpat Lal Sankhla S/o Shri Anna Ram Sankhla, aged 65 years, R/o Malion Ka Bada Bas, Sojat City, District Pali, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan through the Deputy Secretary to the Government of Rajasthan Mines Department, Jaipur.

2. The Director, Mines & Geology Department, Government of Rajasthan, Udaipur.

3. The Mining Engineer, Mines & Geology Department, Jodhpur.

----Respondent

For Petitioner(s) : Mr. Vikas Balia, Sr. Advocate assisted by Mr. Priyansh Arora & Mr. D.D. Thanvi.

For Respondent(s) : Mr. Digvijay Singh, AGC.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

20/05/2022

The present writ petition has been filed by the petitioner for

the following reliefs:

"(a) quash the order dated 07.10.2010 (Annex.10) passed by

respondent No.1; and

(b) quash the order dated 20.12.1988 (Annex.1) passed by

respondent No.2 whereby he had canceled the mining lease of the

petitioner;

(c) direct the restoration of the mining lease in favour of the

petitioner with permission to avail balance of original lease period;

and





                                           (2 of 3)                   [CW-11728/2010]

(d) it may be held that the petitioner was not required to apply

for renewal because the lease stood cancelled and possession of

area being with respondents; and

(e) grant such other relief/ reliefs which in the facts and

circumstances of this case this Hon'ble Court deems just, fit and

proper in favour of the petitioner; and

(f) award the cost of this writ petition to the petitioner against

the respondents".

The counsel for the petitioner submits that the controversy

involved in the present case is squarely covered by a judgment

rendered by a coordinate bench of this court rendered in S.B.Civil

Writ Petition No.3299/2006 (Sharda Sales Corporation vs.

State of Rajasthan & Anr.) decided on 03.12.2007. Further,

reliance has been placed by the counsel for the petitioner on the

judgment dated 06.11.2017 passed by a coordinate bench of this

court rendered in S.B.Civil Writ Petition No.14717/2016 (M/s

Sojat Lime Company vs State of Rajasthan & Ors.) which has

been affirmed by Division Bench of this court vide judgment dated

08.07.2009 in D.B.Civil Special Appeal (Writ) No.200/2019

(The State of Rajasthan & Ors. V/s M/s Sojat Lime

Company).

The counsel for the respondents is not in a position to

controvert the fact that the present writ petition is squarely

covered by the judgments aforesaid.

In the circumstances, the writ petition filed by the petitioner

is allowed. The order dated 20.12.1988 (Annex.1) passed by

respondent No.2 as well as the order dated 07.10.2010

(Annex.10) are quashed and set aside. It is directed that the

period of mining lease granted in favour of the petitioner is

(3 of 3) [CW-11728/2010]

extended equal to the period the petitioner did not remain in

possession of the leased area on account of cancellation of the

lease dated 20.12.1988 and taking over the possession thereof on

07.01.1989. The period shall commence from the date of

possession of the leased area handed over to the petitioner.

No orders as to costs.

(VINIT KUMAR MATHUR),J 18-Anil Singh/-

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