1 D.B.Civil Special Appeal(Writ) No.417/2008 Khushi Lal V/s State of Rajasthan and ors. 24.7.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.R.S.Mehta for the appellant. Heard learned counsel for the appellant. Perused the order impugned. This appeal is directed against order dated 1.9.2006 passed in writ application no.9995/2005 whereby and whereunder the learned Single Judge of this Court dismissed the writ application. The writ-petitioner appellant was granted mining lease vide order dated 7.7.1993. Subsequently, the same was cancelled by the authorities vide order dated 22.1.1996 on the ground that the land in question since was charagah land could not have been allotted without permission from the revenue authorities. Appeal and revision filed against order of cancellation were also dismissed. The writ court affirmed the orders passed by appellate court and revisional court. It appears from the order impugned that after cancellation of mining lease, lease amount deposited by the writ-petitioner appellant was also refunded as far back as on 22.1.1996. Learned counsel for the appellant submitted that once lease was granted it could not have been cancelled in the manner it was done. Secondly it is argued that the land in question was not charagah and therefore, there was no need of any concurrence 2 from the revenue authorities. Be that as it may, since the lease was cancelled in January, 1996 itself and lease amount is said to have been refunded immediately thereafter, in our view, the writ petitioner appellant cannot claim for resumption of land for mining operation. In case the area is again declared for exploitation of mines and mineral, the writ petitioner appellant may apply afresh and the same will take its own course in accordance with law. The finding in this background recorded by the learned Single Judge of this Court, in our view, cannot be faulted. This appeal accordingly is dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar