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2015 Supreme(Raj) 1609

ALOK SHARMA
Jabir Hussain – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioner:Kamlakar Sharma, Sr. Advocate with Madhu Sudan Rajpurohit and Madhav Mitra, Advocates.
For the Respondents:R.N. Mathur Sr. Advocate with Prateek Mathur, A.K. Sharma, Sr. Advocate with Vishnu Sharma, Ashwani Chobisa and Mahesh Gupta, Advocates.
For the State:Anurag Sharma, Advocate.

JUDGMENT

1. - Impugned in this writ petition is the order of cancellation of the petitioner's quarry licence on 3.3.2008 duly transferred to him by respondent No.4- Abdul Jabbar and endorsed at the relevant time by the Mining Department on 3.12.1988 as also renewed from time to time till 30.9.2007. A further renewal application was then pending with the Mining Department. Also under challenge is the letter dated 18.2.2008 by the Dy. Secretary, Government of Rajasthan to the Director, Mines to cancel the transfer of the quarry licence to the petitioner and the consequent letter of the Director to the Mining Engineer sent on 21.2.2008- which in turn culminated in the impugned order dated 3.3.2008 referred to above.

2. The order under-challenge is straight-forward and cryptic but the background facts labyrinthine which need narration for a complete and clear comprehension of the grounds of challenge and the defences thereto.

3. The facts of the case are that enjoying a Rent-cum-Royalty lease since 1968, following the commencement of the Minor Mineral Concession Rules, 1986 (hereinafter 'the Rules of 1986'), the respondent No.4- Abdul Jabbar sought its conversion to a quarry licence. Thi











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