The court emphasized the importance of adhering to mining regulations and the consequences of obtaining documents through forgery.

1. - Heard learned Counsel for the appellant.

2. The appellant has filed an application for allotment of quarry lease in respect of stone a minor mineral on 21.1.1997. In pursuance of that application the mining lease was granted in favour of the petitioner by the Mining Engineer, Jodhpur. However on 19.5.1998 the same was cancelled inter alia on the ground that the same has been granted against prohibition orders of the State Government in allotting the land for mining lease in the area surrounding the water catchment area for the City of Jodhpur and near the vicinity of ancient archaeological sites.

3. The appeal against that order of cancellation was rejected by the State Government on 27.7.1999. Aggrieved with the aforesaid order the appellant has filed the petition before this Court.

4. Apart from supporting the order on merit the respondents in their reply have raised objection to the maintainability of the petition on the ground that the conduct of the petitioner in obtaining the licence itself was not being above board.

5. Specific plea to that effect was taken by the respondents in para 4 of the reply that Mining Engineer has written letter to the Executive Engineer, P.H.E.D. Jodhpur on 27.11.1997 to issue 'No Objection Certificate' if the quarry in question does not fall within the catchment area. It was also stated that if the P.H.E.D. has ho objection for grant of quarry in favour of the petitioner in respect of quarry Nos. 411 & 412 then he may be informed accordingly. It appears from the record that the Executive Engineer, P.H.E.D. Jodhpur did not send any 'No Objection Certificate' directly to the Mining Engineer, Jodhpur but the petitioner himself submitted a 'No Objection Certificate' along with an application, a copy whereof was submitted in reply along with application as Annexure/R1. With the application submitted for grant of lease the petitioner submitted that the Executive Engineer, P.H.E.D., Jodhpur has given him 'No Objection Certificate', a copy whereof is being enclosed.

6. It has been alleged in the reply that no such 'No Objection Certificate' was issued by the Executive Engineer. In support of this contention the respondents filed two documents as Annexure/R4 and Annexure/R5.

7. Learned Single Judge has noticed this fact and has found that from the reply-affidavit it is clear that somehow or the other the petitioner managed to get the order dated 30.3.1998 and produced the same before the authorities by inserting the aforesaid last line ^^vxj Lohd'fr gksrh gS rks foHkkx dks ,srjkt ugh gSA^^ which is clear from the perusal of Annexure/R4 issued by the Mining Engineer, Jodhpur in which the Mining Engineer has recommended the Executive Engineer vide letter to file F.I.R. against the petitioner for committing forgery in the Government record. In view of this learned Single Judge has not thought it fit to entertain the petition in exercise of his discretion for invoking extraordinary jurisdiction.

8. Learned Counsel for the appellant has urged that he was never informed about, those discrepancy in the orders. He relied on Annexure/R5 wherein it has been stated that there is no variance in the copy of the original order produced and available on record of Mining Engineer. Therefore the finding reached by the learned Single Judge is without affording him appropriate opportunity to explain. This contention of the learned Counsel for the appellant is without substance.

9. We have already referred to the specific averments made in the reply-affidavit filed on behalf of the respondent-State and the documents filed along therewith. The petitioner has filed rejoinder-affidavit in which he has denied that he has participated in any such forgery. However the issuance of the letters Annexure/R4 & Annexure/R5 have not been denied. He has also relied on Annexure/R5 wherein the Mining Engineer has stated that there is no variance in the original copy of the issuing office and the copy available on the record of Min