Judgment

IMAM, J.: These two petitions under Article 32 of the Constitution have been heard together as the question for decision is the same in both of them. It is claimed by the petitioners that their fundamental rights had been infringed by the leasing out of an area of land in Abu Road Taluka to Messrs Jeewan and Sons, Respondent No. 3 for a term of 20 years whereby the latter were permitted to excavate lime-stone.

This was done without inviting any application or tender for the same or the holding of any auction and without notice to the public or to any lime-stone merchants or railway contractors. The petitioners had been excavating lime-stone for many years in Abu Road Taluka previous to the aforesaid lease. They had also leases for lime-kilns for lime burning for the past 10 years. They were informed that they would not be granted permission to excavate lime-stone nor would their leases for their lime-kilns be renewed but would be allotted suitable lands from certain survey number from Akra village.

2. On behalf of the petitioners it was contended that by the granting of the lease to Respondent No. 3 a monopoly was created. It was further contended that during the pendency of