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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.2966/2007
(Narayan Lal Vs. State of Rajasthan & Ors.)
Date of order :: 16.01.2009
P R E S E N T
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr.B.M. Bohra, for the petitioner.
Mr.Rishi Vaishnav, Dy. Govt. Counsel.
Heard learned counsel for the parties.
By way of filing present writ petition,
petitioner is challenging the order impugned dated
22nd January, 2007 (Annexure-8) passed by the
Additional Director Mines, Udiapur.
The brief facts of the case are that the
petitioner preferred an application for allotment
of mining lease for Mineral Serpentine. A notice
dated 22nd September, 2004 was given to the
petitioner to produce certificate from the
competent revenue authority and also file an
affidavit to the effect that the area applied for
by the petitioner does not fall in the forest.
The case of petitioner is that the
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demarcation of land for mining lease was made on
05th September, 2005 and for that purpose a notice
(Annexure-5) was given to the petitioner by the
Assistant Mining Engineer, Mines & Geology
Department, Rishabhdev, Distt. Udaipur, but before
the aforesaid date, application of petitioner was
rejected by the Additional Director, Mines,
Udiapur on 31st August, 2005 on the ground that
petitioner has not completed the formalities
though he was given notice. It is also averted in
the order that the area in question is reserved
for the Scheduled Tribes and for that as per
Notification dated 18th December, 2000 there is ban
imposed by the State Government for allotment.
First of all when petitioner’s
application was pending and he was given notice to
remain present on 05th September, 2005 for
demarcation, then there was no occasion left with
the Additional Director, Mines, Udaipur to reject
the application filed by the petitioner before
that date. Therefore, at the time of challenging
the said order of rejection dated 31st August, 2005
before the Revisional Authority, this aspect of
the matter was to be considered, but it has not
been considered by the Dy. Secretary to the
Government, Mines Department, Government of
Rajasthan, Secretariat, Jaipur. Therefore,
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petitioner is seeking direction to the respondents
for deciding his application for grant of mining
lease after providing opportunity to complete the
formalities as well as to demarcate the land for
which notice was given to the petitioner.
Learned Dy. Govt. Counsel vehemently
argued that the application of the petitioner was
rejected on two grounds; firstly, inspite of
granting opportunity by way of issuing notice, he
has not completed the formalities. Secondly, for
the area in question, there is ban imposed by the
State Government for allotment, therefore, the
rejection of petitioner’s application was in
consonance with the provision of law. Hence, no
interference is required in this case.
I have considered the rival submissions
made by both the parties.
In my opinion, when petitioner was given
notice to remain present on 05th September, 2005
for demarcation, then there was no ground for the
Additional Director Mines, Udaipur to reject the
application of the petitioner before that date.
Therefore, reason No.1 mentioned in the order
Annexure-6 is not tenable in the eye of law. For
the second reason, however, in my opinion, the
application can be rejected by the respondents,
but at the same time the said decision whether the
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said area comes within the area of reservation for
the Scheduled Tribes or not can well be
ascertained after demarcation, therefore, before
demarcation, for this reason, too, rejection of
application is not warranted.
In this view of the matter, while setting
aside the order dated 31st August, 2005 (Annexure-
6) and the order dated 22nd January, 2007
(Annexure-10), case is remitted to the respondents
for deciding the application filed by petitioner
afresh after providing opportunity to complete the
formalities to the petitioner. Further, it is also
clarified that if any stay still exists for not
granting any mine in the area reserved for
Scheduled Tribes, then appropriate order can be
passed by the Additional Director, Mines, Udaipur
after considering the petitioner’s candidature.
With the above observation/direction,
this writ petition is allowed.
(GOPAL KRISHAN VYAS), J.
A.K. Chouhan/-