1. - Heard learned counsel for the parties.

2. Challenge in these appeals is to the order dated November 17, 1997 of learned Single Judge whereby the circular dated November 15, 1995 in regard to grant and renewal of mining lease over khatedari and private lands issued by the State Government was quashed.

3. Contextual facts depict that one Rameshwar Bajaj was granted a mining lease of mineral limestone and Marble near village Mohanpura, Jodhpura, Tehsil Kotputli District Jaipur for the area measuring 415.03 hectares by the state Government on September 14, 1981 for a period of ten years. The lease came to be transferred in favour of the respondent company (for short `company') vide order dated February 19, 1986 and a supplementary deed was executed on February 24, 1896 and registered on February 28, 1986.

4. The Company applied for grant of first renewal of mining lease on August 31, 1994. The Assistant Mining Engineer Kotputli issued letter dated August 31, 1994 pointing out following deficiencies :

(i) No dues certificate from Mining Engineer/Assistant Mining Engineer was to be filed;

(ii) Since it was a private limited company, hence no dues certificate in relation to every member of the company was to be filed;

(iii) Applied area had not been shown on Khasra map and had not been surveyed;

(iv) Khasra Girdawari and Jamabandi of applied area had not been submitted; and

(v) Applied area fall within private khatedari land and no objection certificate (affidavits) had not been submitted.
The defects were to be rectified within 45 days, failing which application was to be rejected under Rule 9 of the Rajasthan Minor Mineral Concession Rules, 1986 (for short `1986 Rules').

5. The case of company in writ petition was that although it rectified some defects, it could not submit no dues certificate of all members of the company; Khasra map specifying the lease area was not produced and `No objection' certificate of khatedar could not be produced. The Company submitted affidavit on December 26, 1994 giving undertaking that private khatedari land falling in lease area would be exploited only after obtaining consent/No-objection certificate of private khatedar According to company, Director of Mines and Geology Udaipur vide letter dated July 3, 1995 recommended to State Government for grant of first renewal of the mining lease, but the State Government declined to renew the lease. The company, filed civil suit for declaration and injunction before learned Additional Civil Judge (Senior Division) No.5, Jaipur City, Jaipur. The said court vide order dated February 5, 1995 restrained State Government from creating any obstruction in peaceful and smooth mining operations by the company and not to dispossess it from the lease area and not to allot the mines to any other person. The company filed writ petition thereafter on the ground that even though recommendation had been made by Director of Mines and Geology, the State Government was not granting renewal in view of circular dated November 15, 1995 according to which no mining lease of renewal thereof would be granted in private khatedari land unless No-objection certificate was obtained from the concerned khatedar.

6. The circular dated November 15, 1995 annexed to the writ petition reads as under: "GOVERNMENT OF RAJASTHAN MINES DEPARTMENT

No.F14(20) Mines/Gr.II/95
Dated November 15, 1995

The Director,

Mines & Geology Department,

Govt. of Rajasthan

UDAIPUR

Sub. : Grant and renewal of mining leases over khatedari and other private lands under the Rajasthan Minor Mineral Concession Rules, 1986.

The Rajasthan Minor Mineral Concession Rules, 1986 do not specifically provide that where the land does not belong to the State Government, mining lease would be granted only to the owner of such land or to the person who obtains and produces consent of the land owner.

The State Government after considering the provisions of Mineral Concession Rules, 1960 as contained in Rule 22(3)(h) and after due deliberat