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The petition reveals that on the basis of the complaint received against the petitioner of carrying out mining outside the leased area, the Mining Officer, Narnaul vide his memo dated 4.2.2019 reported that as per the demarcation report it had been found that the petitioner had undertaken mining in the adjoining area of Khasra No.366-367 of Village Khudana which was outside its leased area. This report has not been attached with the writ petition. Taking up this report by the Mining Officer, Narnaul, the Director, Mines and Geology, Haryana issued a notice dated 13.3.2019 (Annexure P-14) to the petitioner calling upon it to show cause why the mining lease be not terminated prematurely for having breached the terms and conditions by undertaking illegal mining outside the leased area. On 27.3.2019 the petitioner submitted a reply to the notice dated 13.3.2019 denying any illegal mining by it. This reply has not been attached with the writ petition. On 15.4.2019 the Director General, Mines and Geology, Haryana asked the Mining Officer, Narnaul to send a factual report with regard to the allegations of illegal mining in Village Khudana by the petitioner. The Mining Officer, Narnaul got a fresh demarcation done and observed in the report (Annexure P-17) that though there was mining outside the leased area, the villagers and the petitioner had submitted that the same was done by the earlier contractors and that no fresh mining was found beyond the pillar. A map was also enclosed with this report.

On 27.12.2019 the representatives of the petitioner were afforded an opportunity of personal hearing by respondent no.2. Vide order dated 10.1.2020 (Annexure P-19) the respondent no.2 ordered premature termination of the mining lease which had been granted in favour of the petitioner for having undertaken mining operations outside the leased area. It was held that "Whereas the demarcation report of the demarcation held on 17.12.2019 was shown to the representatives of the lessee firms. They denied the allegations of mining outside the lease. The mining outside the lease area was confirmed by the ADC Narnaul vide report dated 25.2.2019. A fresh survey by the Mining Officer, Narnaul along with revenue, forest and local representatives has also clearly established that the lessee has mined outside the lease hold area. The plotting of GPS Coordinates of the boundary pillars on the Google Pro application clearly shows mining outside the lease area towards the higher hillocks. Even trucks operating outside legal lease area can be seen in the Google Earth image. The benches created outside the lease area are also visible hearing". It was further held that "Whereas the stand of the lessee firm is not tenable. The violation has been reported in three different reports and is clearly visible on Google Proapplication. The mining operations in the mine are already lying suspended on account of non-payment of government dues. In view of the above the reply dated 27.3.2019 and submissions made during hearing were not found satisfactory and there is clear evidence of lessee having undertaken mining operations outside the lease hold area as shown in the report of three different inspection reports and the Google Pro application image under the garb of mining lease granted in favour of M/s Haryana Mining Company over an area of 6.70 hectares of land comprising in Khasra No.7 of Village Garhi".

We have heard learned senior counsel and with his able assistance have also perused the record.

While dismissing the appeal of the petitioner vide order dated 13.8.2021 (Annexure P-25) respondent no.1 held that there was no access to the area where illegal mining was done except through the leased area of the petitioner. Respondent no.1 also held that during the period 1.5.2018 to 5.2.2019 the mine of the other firm M/s Hari Har Mining was lying closed since it's mining lease was initially suspended and thereafter also terminated so there was no possibility of that firm carrying out illegal mining in the area in question. It was further held that fresh mining was evident from the photographs sent by the Mining Officer along with his memo dated 4.2.2019 suggesting illegal mining even after the demarcation done on 17.12.2018. Respondent no.1 also found that even as per the report by the Additional Deputy Commissioner, Narnaul illegal mining was found to have been undertaken in Khasra No.366-367 of Village Khudana though he could not ascertain as to who was involved in the illegal mining and observed that the Mining Office may trace the culprit and take action against the accused. The Mining Officer, Narnaul had already on 4.2.2019 reported that as per the demarcation report it had been found that the petitioner had undertaken mining in the adjoining area of Khasra No.366-367 of Village Khudana which was outside its leased area. A query was put to learned senior counsel appearing for the petitioner as to whether the area alleged to be under illegal mining had any other approach except from the area underlease with the petitioner. A very categoric reply has been given that there was no other approach except through the area underlease with the petitioner.

Learned senior counsel appearing for the petitioner argued that the findings recorded by respondent nos.1 and 2 were contrary to the earlier demarcation reports and drew the attention of the Court to the demarcation reports dated 11.5.2016, 5.4.2017, 21.8.2018 and 17.12.2018 to contend that the petitioner had not carried out any illegal mining. The arguments raised on behalf of the petitioner are all of the nature of fact-finding. The Authorities have already examined the facts and reached their conclusions which are against the petitioner. This Court while exercising it's writ jurisdiction cannot re-appraise the facts as recorded by the Authorities and act as an appellate Fora. The jurisdiction of a writ Court is limited to questions of law and jurisdiction. In the matter of 'Syed Yakoob vs. K.S. Radhakrishnan' [(1964) 5 SCR 64 : AIR 1964 SC 477] it was held by the Supreme Court :