1/6 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.3438/2005 Narendra Agarwal versus The State of Rajasthan and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.S.P.Sharma, for the petitioner Mr.N.M.Lodha, for the respondents. DATE OF JUDGMENT : 22nd January, 2008. JUDGMENT 1. Heard the learned counsel for the parties. 2. This is second round of litigation brought to this Court in pursuance of previous order dated 27.4.2005 disposing of the writ petition No.1028/2005 – Narendra Agarwal V/s State of Rajasthan by this Court wherein the petitioner challenged the demand of dead rent and royalty against him on certain grounds. This Court while disposing of the said writ petition directed the Mining Engineer, 2/6 Jodhpur to decide the petitioner's representation within a period of one month from the date of submission of certified copy of order and till then, no coercive method be adopted for the recovery in pursuance of demand raised by the respondents in this regard. 3. After the said order, the petitioner filed his representation before the Mining Engineer, Jodhpur vide Annex.29 of the present writ petition which has been decided by the said Mining Engineer by the impugned order dated 23.5.2005, Annex.34. 4. The respondent – Mining Engineer has stated in the impugned order dated 23.5.2005 that the petitioner applied for surrender of his mining lease on 9.2.1990 which application was withdrawn by him on 24.10.1991. On account of this, the respondent – Mining Engineer could not determine the demand of dead rent/royalty against the petitioner for the interim period from 9.2.1990 to 24.10.1991 and for this interim period, the petitioner voluntarily paid a sum of Rs.2,10,000/- at the time of withdrawal of his surrender application on 24.10.1991. The said surrender application is said to have been rejected by the respondent – Mining Engineer on 23.6.1992 as per the respondents and that rejection order of the Mining Engineer has not been challenged by the petitioner anywhere. Accordingly, the Mining 3/6 Engineer has raised demand of dead rent/royalty after giving credit for interest earned by the respondents on the aforesaid deposit of Rs.2,10,000/- made by the petitioner, amounting to Rs.26,390/- and further deposit of Rs.50,000/- by the petitioner on 31.3.2004. Thus, aggrieved by the net demand of Rs.1,51,000/-, the petitioner again approached this Court. 6. This Court has heard the learned counsel for the petitioner and the learned counsel for the respondents Mr. Lodha. Admittedly, the said determination of demand of dead rent/royalty has been made by the respondent Mining Engineer in pursuance of directions given by this Court while disposing of the earlier writ petition on 27.4.2005 after giving an opportunity of hearing to the petitioner. The said demand is said to be for the period from 5.4.1997 to 11.6.1999. 7. As per provisions of Rule 43 of the Rajasthan Miner Mineral Concessions Rules, 1986, any person aggrieved by an order of Superintending Mining Engineer, Mining Engineer or Assistant Mining Engineer passed under these Rules in the following matters shall have the right of appeal to the Director. Clause (d) of Rule 43 permits appeal to the Director against assessment of royalty. 4/6 8. Any person aggrieved by the order passed in appeal by the Director has further right to appeal to the State Government. Rule 47 of the Rules of 1986 further provides for remedy by way of revision to the State Government in respect of any order whether in appeal or otherwise passed under these rules by the Director or Additional Director/Superintending Mining Engineer or Mining Engineer and such revisional authority has power to revise such order either of its own motion or on an application so as to satisfy itself as to the correctness, legality or propriety of the order and may confirm, modify or rescind such order. 9. Thus, the petitioner admittedly has alternative remedy by way of appeal and further revision under the aforesaid Rules of 1986. Since challenge to the impugned demand under the impugned order Annex.34 dated 23.5.2005 necessarily involves enquiry into certain disputed questions of facts as to surrender of mining lease, withdrawal of such application and whether the mining was actually carried out or not and as to when ravanna books were deposited by the petitioner after he surrendered the mining lease and when again such ravanna books were made available to him after he withdrew said application on 24.10.1991. All these questions are questions of facts which cannot be gone into by this Court in its extraordinary 5/6 jurisdiction under Article 226 of the Constitution of India. It is further noteworthy as to whether demand of dead rent under Section 9A of the Mines and Minerals (Regulation and Development) Act, 1957 and aforesaid Minor Mineral Concession Rules, 1986 is related to factum of actual possession of mines with the lessee or not is also a question to be decided by the appropriate authority with reference to the evidence which comes before it. 10. On a question put to the learned counsel for the petitioner, the learned counsel for the petitioner has fairly submitted that unused Ravanna books in question were handed over back to the Department on 28.12.1990 though surrender application was made on 9.2.1990. In para 10 of the writ petition the petitioner has stated that the pay order of Rs.2,10,000/ was cleared on 26.11.1991 and accordingly, mine was restored to the petitioner. It is not clearly stated in para 10 as to whether ravanna books were made available to him on that day or not. 11. Be that as it may, all these questions of facts are required to be addressed by the competent authority under these Rules in appellate/ revisional forum and it it not for this Court to go into all these 6/6 questions and decide as to whether demand of dead rent/royalty from the petitioner is justified or not at this stage. 12. Accordingly this writ petition is dismissed on the ground of availability of alternative remedy to the petitioner. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.3 Ss/-