JUDGMENT :

1. On 16.02.2022, when the matters came up for consideration, this Court had passed an order, relevant portion of which reads as under :

"... The submissions at length on 226(3) application were addressed by counsel for the petitioner Mr. Kamlakar Sharma, Sr. Advocate assisted by learned counsel Ms. Alankrita Sharmaand Mr. Sandeep Shah, AAG-cum-Sr. Advocate for State assisted by learned counsel Ms. Akshiti Singhvi.

When a query was made after hearing at length and almost on the conclusion of submissions regarding the application, Mr. Sandeep Shah sought one day's time to address the Court on letter dated 06.08.2021 submitted by counsel for the petitioner during the course of day.

The submissions of Mr. Kamlakar Sharma, Sr. Advocate are complete on application under Order 1 Rule 10 CPC and Mr. Sudhir Gupta, Sr. Advocate shall address the Court tomorrow i.e. 17.02.2022."

2. Thereafter, on 17.02.2022, this Court, while reserving the order on the Application under Article 226 of the Constitution of India, passed an order, relevant portion of which reads as under:

"... Submission of all parties on the application under Article 226(3) of the Constitution of India are complete. Order reserved on application under Article 226(3) of the Constitution of India.

List the matters on 24.02.2022 on the application under Order 1 Rule 10 CPC."

The order on the Application under Article 226 (3) of the Constitution of India was pronounced by this Court on 24.02.2022.

On that date, arguments were heard on the application under Order 1 Rule 10 of CPC (in above-numbered CWP 12253/2019) and the order was reserved on the said application.

3. Thus, the present order decides only the Application preferred by the Applicant M/s. J.K. Cement Ltd. under Order 1 Rule 10 CPC (in above-numbered CWP 12253/2019)

4. The prayer made in the application under consideration reads as follows:

"It is therefore most respectfully prayed that this Hon'ble Court may be pleased to :-

(i) Allow the present Application under Order 1 Rule 10 (2) read with Section 151 of the CPC and Applicant be impleaded as party - respondent and be heard in this Writ Petition in the interest of the Justice.

(ii) Pass any other order in the facts and circumstances of the case.

5. For the sake of brevity, the brief facts of the case as noticed by this Court are as follows:

5.1 That a mining lease bearing Mining Lease No.45/1993 was granted by the State of Rajasthan (through the Joint Secretary, Department of Mines) to M/s. Gotan Limestone Khanij Udyog Pvt. Ltd., which was a partnership Firm at the relevant time, and the said lease was renewed, as per the law. The said partnership Firm, in March 2012, was incorporated as a private limited company.

5.2 That by the order dated 25.04.2012, the transfer of the said mining lease in question from the partnership Firm to the petitioner-Company, was approved by the State of Rajasthan (through the Director, Mines).

5.3. Thereafter, in July, 2012, the 100% equity shareholding of the petitioner-Company was transferred by its promoter-Directors in favour of M/s Ultratech Cement Ltd. and the petitioner Company thus became a subsidiary Company of M/s Ultratech Cement Ltd.; thereby, the mining lease in question was also acquired by M/s. Ultratech Cement Ltd.

5.4. On 16.12.2014, the State/respondent passed an order by which the aforementioned order dated 25.04.2012, approving the transfer of the mining lease in question in favour of the petitioner Company, was declared to be null and void.

5.5 The said cancellation of the mining lease was challenged by the petitioner-Company before this Hon'ble Court by filing SBCWP No.9669/2014, which was allowed by the Hon'ble Single Bench of this Court vide order dated 25.03.2015, with a direction to the State respondents to hand over back the leased area of mining.

5.6 Thereafter, on an appeal (D.B. Civil Special Appeal (Writs) No. 328/2015) being preferred by the State respondents against the said order, the conclusion drawn by the