[2025:RJ-JP:3428] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3190/2012 Smt. Ramjanki Kabra, W/o Late Shri Mool Chand Kabra, Ex. President Minig Association, 2-Kha-7, Shastri Nagar, Ajmer Rajasthan ----Petitioner Versus 1. Union Of India Through Secretary, Department Of Mines, Shastri Bhawan, New Delhi. 2. State Of Rajasthan Through Principal Secretary, Department Of Mines And Geology, Secretariat, Jaipur. 3. Deputy Secretary, Mines Group-Ii Department Of Mines And Geology, Secretariat, Jaipur. 4. Mining Engineer, Ajmer. ----Respondents For Petitioner(s) : Mr. Ashwani Chobisa For Respondent(s) : Mr. Rahul Lodha, AGC HON'BLE MR. JUSTICE AVNEESH JHINGAN Order 23/01/2025 1. This petition is filed seeking quashing of orders dated 01.12.2008 and 03.10.2011, dismissing the application for renewal of the mining lease and the revision respectively. 2. The brief facts are that the husband of the petitioner was granted lease for twenty years w.e.f. 25.07.1967 for an area measuring 129.50 hectares situated in Village Kansiya – Bethur, Tehsil Nasirabad, District Ajmer. On renewal the lease period was extended upto 24.07.2007. The application for renewal filed on 13.08.2007 was rejected vide order dated 01.12.2008. One of the ground for rejection was that the application was filed after the [2025:RJ-JP:3428] (2 of 3) [CW-3190/2012] expiry of the lease period. The petitioner failed in the revision, hence, the present petition. 3. Learned counsel for petitioner submits that time equivalent to closure of mining activities due to Court order ought to have been extended by the respondent and in that case, the application for renewal would have been within time. 4. Learned counsel for respondents relies upon Rule 24-A of the Mineral Concession Rules, 1960 (hereinafter referred to as ‘the Rules’) to contend that the application for renewal was to be filed twelve month prior to expiry of the lease period. The power to condone was only upto the expiry of the lease period. 5. It is an undisputed fact that the lease period expired on 24.07.2007 and the application for renewal was made on 13.08.2007. 6. Rule 24A(1) prescribes that an application for the renewal of a mining lease shall be made to the competent officer in the prescribed form, at lease twelve months before the expiry of the lease period. Under Rule 24A(10), the State Government is empowered to condone the delay if the application is made prior to expiry of the lease period. 7. The contention of the learned counsel for the petitioner that in case the time for which the mining was closed is extended the renewal application was within limitation is not available. The petitioner had made no application seeking extension of lease period, resultantly the lease period expired on 24.07.2007. The power of condonation of delay of the State Government under Rule 24A(10) is only till the expiry of the lease period. The [2025:RJ-JP:3428] (3 of 3) [CW-3190/2012] application for renewal was rightly rejected having been filed after the expiry of the lease period. 8. The present writ petition is dismissed. 9. Pending application(s), if any, also stand disposed of. (AVNEESH JHINGAN),J Chandan/MR/45 Reportable:- Yes