The State exclusively owns minerals, and any dispute over Bapi rights should be resolved by a competent Civil Court as per Rule 64 of the Rajasthan Minor Mineral Concession Rules.

S.N. Jha, CJ.-This special appeal is directed against the order of the learned Single Judge dated 01.09.2005 in S.B. Civil Writ Petition No. 6732/2004 dismissing the writ petition of the appellants. The appellants had filed the writ petition for quashing the order of the Deputy Secretary (Mines), Government of Rajasthan dated 28.08.2004 cancelling the quarry licence of the appellants, and for declaration that the licence was rightly granted to the appellants in recognition of their Bapi Rights which cannot be interfered with by the respondents.

2. The case of the appellants is that a lease in respect of quarry No. 69 measuring 75 x 50 at Ulodi Range, Makrana was granted to one Noor Mohammed in the year 1925 by the erstwhile State of Jodhpur under Makrana Marble Quarries Rules, 1922. On the death of Noor Mohd. his son Nathaji inherited the lessees rights in terms of Rule 6 of the said Rules. After Nathaji died his son Habibji came to inherit rights. Habibji died on 31.01.1964. On his death the names of his sons Abdul Gafoor and Abdul Shakoor were mutated on 27.06.1964. Abdul Shakoor and heirs of Abdul Gafoor (since dead) are the appellants. On 31.07.1995 the appellants submitted application to convert the lease into licence. Respondent No. 6 Abdul Rajak (hereinafter referred to as the respondent) also applied for grant of licence for the same quarry, for 37.5 x50 area on 24.01.1997. On 28.02.1997 public notice was issued inviting objections. Meanwhile, on 22.02.1997 the respondent filed Civil Suit No. 27/97 for declaration and temporary injunction. On 01.03.1997 the Court rejected application for temporary injunction. On 19.06.1997, the Mining Engineer converted the lease into a quarry licence in favour of the appellants. The application of the respondent was rejected on 02.07.1997. He filed appeal before the Additional Director (Mines) but withdrew the same and filed writ petition being S.B. Civil Writ Petition No. 2875/1997 which in course of time was dismissed as withdrawn on 25.07.2002. Meanwhile, he had filed two revisions being, Revisions No. 257 and 258 of 1997, before the Deputy Secretary (Mines), Government of Rajasthan. He had also filed S.B. Civil Writ Petition No. 3228/1998 in which order of stay was passed on 02.09.1998 but same was vacated after the appellants got themselves impleaded on 28.04.2004. Against the said vacating order respondent also filed Special Appeal No. 480/2004 but the same was withdrawn alongwith S.B. Civil Writ Petition No. 3228/1998 on 09.09.2004. In the mean time the Deputy Secretary (Mines) had passed order on 28.08.2004, impugned in the writ petition, cancelling the quarry licence in Revision No. 257/1997 (Supra).

3. It may be mentioned here that Revision No. 257/1997 had been filed against the order dated 19.06.1997 (Supra), converting lease into quarry licence in favour of the appellants while Revision No. 258/1997 was directed against the order dated 02.07.1997 (Supra), rejecting the respondents application for grant of licence. While Revision No. 257/1997 was allowed, Revision No. 258/1997 was dismissed by the same order dated 28.08.2004. The Deputy Secretary (Mines) held that the quarry was property of the State Government, and whether the parties could claim Bapi rights or not could be decided only by the competent Civil Court in terms of Rule 64 of the Rajasthan Minor Mineral Concession Rules, 1986. While rejecting the claim of both the appellants and respondent the Deputy Secretary directed the Mining Engineer, Makrana to take possession of the quarry till the dispute is decided by the competent Court.

4. It may be mentioned here that the so called Bapi right is the right inherited from the father i.e., hereditary right which was recognized under Rule 6 of the erstwhile Makrana Marble Quarries Rules, 1922. Case of the appellants is that their rights can be traced to the lease by the erstwhile State of Jodhpur in favour of their ancestor Noor Mohd. whose sons and grand sons