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1998 Supreme(Raj) 53

P.P.NAOLEKAR
DAYA SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
D.S.Shishodia, DINESH MAHESHVARI, MANISH SHISHODIA, R.L.Jangid

Judgment


P. P. NAOLEKAR, J.

( 1 ) QUESTIONS of facts and law involved in all these petitions are analogous and, therefore, the order passed in S. B. Civil Writ Petition No. 1513/96 shall govern the other S. B. Civil Writ Petitions No. 1514/96 and 1515/96.

( 2 ) THE brief facts in S. B. Civil Writ Petition No. 1513/96 are that the petitioner submitted an application for grant of mining lease to the Mining Engineer, Rajsamand for plots Nos. 14, 15, 21 and 22 for mineral marble at an area situated near village Morwad intehsil and District Rajsamand. The petitioner deposited the requisite application fees along with the application. The application submitted by the petitioner was rejected by the Mining Engineer, Rajsamand by order dated 5-9-1991 on the ground that the area in question is grazing land and thus, no mining lease can be granted. The petitioner being aggrieved by the order of the Mining Engineer, preferred an appeal before the Addl. Director, Udaipur and submitted that there was no prohibition in granting mining lease to the petitioner and the impugned order was wholly arbitrary and discriminatory. The Addl. Director rejected the appeal. The petitioner preferred further app









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