The principle of speaking orders with reasons and the need to afford a reasonable opportunity to the petitioner to explain and rectify any shortcomings in the application.

1. - As per the facts mentioned in the memo of writ petition, a mining lease for mineral Iron Ore and Soapstone was granted in favour of the petitioner for twenty years. The lease-deed, was registered on 23.9.1978. The total area of the mining lease was 339.129 Hectares but in course of time, the petitioner surrendered barren land to the State Government and retained only 80 Hectares. During the mining operations for mineral Soapstone, the petitioner found substantial quantity of mineral Marble in the pits. He, therefore, applied for grant of a separate mining lease for mineral Marble for an area measuring 100 x 100 square metres, for a period of ten years, under the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as the 'Rules of 1986'. The petitioner also submitted one more application for different area measuring 100x100 square metres but the applications were rejected by the Mining Engineer vide his order dated 11.1.1991 on the ground that the area applied for does not tally with the description report and that the description report was incomplete. It is against this order that the present writ petition has been filed. Notices were issued to the respondents. The respondents have filed reply in which it has been averred that the reasons given are quite specific and the Mining Engineer was justified in rejecting the vague application.

2. Learned counsel for the petitioner has submitted that the Mining Engineer has rejected the application without giving reasonable opportunity to the petitioner to explain and I think, argument of the learned counsel for the petitioner deserves to be accepted because even administrative orders should be speaking orders giving reasons and should be passed only after giving reasonable opportunity to the petitioner.

3. In the result, this writ petition is allowed, the respondents are directed to afford reasonable opportunity to the petitioner to explain and rectify, if there is any shortcoming in the application and submit another site plan or the description report and the respondents shall thereafter pass order afresh on the application filed by the petitioner. No order as to costs.Petition allowed.

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