1959 to bring, it unconformity with the period of lease specified in r. 30 and to renew.
after the expiry of such extended period, for a further period of 5 years under r. 30 of the rules.
Appeal from the judgment and order dated August 1, 1961 of the Rajasthan High Court in Civil Writ No.
The State of Rajasthan, appellant, companytested the petition on the ground that the provisions of Chapter IV of the rules did number apply to the grant of mining leases by auction or tender provided for by Chapter V of the rules and that in any case the initial period short of 5 years must be deemed to have been at the desire of the respondent and that any further extension of the period of the lease under the proviso was in the discretion of the Government and companysequently, the respondent companyld number claim to have the period of the lease extended for a period of 5 years.
It is against this order that this appeal has been filed.
The lease was granted as a result of auction.
Rameshwar Nath S. N. Andley, and P. L. Vohra, for the respondent.
226 of the Constitution in the High Court and prayed for issue of a writ of mandamus directing the striking down of the order of the Government renewing the lease for 8 months and directing the State of Rajasthan further to extend the lease in the first instance for two years from July 30.
CIVIL APPFELLATE JURISDICTION Civil Appeal No.
21 of 1963.
The respondent obtained the mining lease for extracting sand stone from the mines in certain area from the Government of Rajasthan in 1956.
C. Kasliwal Advocate General for the State of Rajasthan and M. M. Tiwari, for the appellants.
The respondent applied for extension of the period upto two years in view of the mandatory nature of the main provision of r. 30 and Simultaneously also applied for the renewal of the lease for a further period in accordance with the provisions of the proviso to r. 30.
The period of the lease was from April 1, 1956 to July 31, 1959.
86 of 1960.
The respondent thereafter filed a writ petition under Art.
The first prayer was refused and the State Government extended the period of the lease at first by six months and later by another two months.
The Judgment of the Court was delivered by Raghubar Dayal, J. This appeal, on certificate granted by the Rajasthan High Court, raises the question of the applicability of the provisions of Chapter IV and thereby of r. 30 of the Rajasthan Minor Mineral Concession Rules, 1955, hereinafter called the rules, to the grants of mining leases under the provisions of Chapter V of the rules.
