JUDGMENT

S.C. AGRAWAL, J.

(1) LEAVE granted.

(2) WE have heard the learned counsel for the parties.

(3) THIS appeal relates to grant of mining lease in respect of a minor mineral,viz. marble, under the provisions of the Rajasthan Minor Mineral Concession Rules, 1977 (hereinafter referred to as the 1977 Rules).

(4) THE facts, in brief, are as follows:

ONE Rajesh Vardia was granted a mining lease for marble in respect of an area covering 7500 sq mts near Village Tripuratu Sundari in Banswara District in the State of Rajasthan. The said lease was granted for a period of 15 years from 2/1/1976 but it was cancelled by Order dated 12/10/1979. One Babulal Modi submitted an application for grant of mining lease for an area of 10,000.00 sq mts on 16/12/1981. Babulal Modi was granted a lease in respect of 7570 sq mts including a part of the area covered by the mining lease granted to Rajesh Vardia, by Order dated 12/7/1982. Babulal Modi failed to execute a formal lease agreement in Form No. 8 within the period prescribed under the 1977 Rules and by virtue of Rule 19 of the 1977 Rules, the order for grant of mining lease stood revoked. Babulal Gup