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2001 Supreme(SC) 1198

S.RAJENDRA BABU, S.N.PHUKAN
Basant Kumar – Appellant
Versus
State Of Rajasthan – Respondent


JUDGMENT

Rajendra Babu, J.-The appellant before us filed a writ petition in the High Court of Rajasthan challenging the validity of Rule 21 and Rule 65-A of the Rajasthan Minor Mineral Concession Rules, 1986 [hereinafter referred to as the Rules ]; for quashing the notification dated October 10, 1994 declaring the marble policy of the State Government; and for the relief of directing the grant of lease of minor mineral in respect of certain lands delineated a plots Nos. 2, 3 and 5 in Morwad area and for certain other incidental reliefs. The High Court dismissed the said writ petition in view of its earlier decision in D.B. Civil Writ Petition No. 865 of 1995. Hence these appeals.

2. The facts leading to the writ petition are that the appellant filed an application on 2-12-1993 under Rule 5 of the Rules in the prescribed form before the Mining Engineer, Department of Mines & Geology for grant of mining lease in respect of marble which is a minor mineral for a period of 10 years in respect of delineated plots Nos. 2, 3 and 5. The Mining Engineer forwarded the said application to the Director of Mines and Geology stating that the dead rent of the area applied for by the appellant comes







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