The High Court disposed of a writ petition seeking renewal of a mining lease. The court granted liberty to apply for the neighbouring mining land, conditional upon the renewal of the petitioner's existing lease.
Liberty granted to apply for allotment of 100 metres neighbouring mining land, subject to renewal of existing lease.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
S.B. Civil Writ Petition No.12700/2008
M/s Cee Ess Mines
Versus
State of Rajasthan & Ors.
DATE OF ORDER : 21/01/2014 HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. Bipin Gupta, for petitioner Mr. Zakir Hussain, Addl. Govt. Counsel, for State Mr. Vishnu Kant Sharma, for respondent/s
After arguing the petitioner to some length and in the change circumstances where period of mining lease expired in the year 2010, though continuing under the deeming clause, the petitioner prays for disposal of the writ petition with liberty that if mining lease is renewed in favour of the petitioner, then he would be at liberty to again apply for the lease of neighbouring land.
Learned counsel for respondents submits that in view of the restrain order of Hon'ble Apex Court in regard to the mining in forest land and nearby the entire area is presently inoperative for mining purposes. A decision in that regard is yet to be taken by the government which includes application for renewal of the mining lease of the petitioner.
I have considered the submissions made by the parties and find that a just prayer has been made by learned counsel for petitioner in the change circumstances.
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In view of the above, writ petition is disposed of with
liberty to the petitioner to make a fresh application for allotment of mining area of 100 metres neighbouring to the mining lease of the petitioner. It would however be subject to renewal of the mining lease in favour of the petitioner and not otherwise.
FRBOHRA/12700CWP2008.doc
Certificate:
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”
FATEH RAJ BOHRA, Sr. P.A.
3 issues framed by the court
Whether the petitioner should be granted liberty to apply for renewal of mining lease and neighbouring land after its expiration.
Whether the writ petition can be disposed of despite the inoperative status of the mining area due to Apex Court restraint order.
Whether a just prayer was made by the petitioner in the changed circumstances.
M/s Cee Ess Mines
State of Rajasthan
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
