M B. SHARMA, J —The main contention of the learned counsel for the petitioner, a holder of mining lease of Cheja Pathar, in challenging the action of the non-petitioner is that the mining lease had been sanctioned to the petitioner before coming into force of the Forest (Conservation) Act, 1980 for short the Act and as such, Section 2 of the Act will not apply.

2. A mining lease of Cheja Patthar for an area measuring 70x70 Sq. Meters was sanctioned to one Panchu Ram s/o late Shri Ram Sahai Mali, resident of Gandhi Nagar Chersha, Jaipur, under the order dated 27th September 1980 by the Mining Engineer Jaipur The lease holder Panchu Ram was required to pay an yearly deed rent under the Minor Mineral Concession Rules, 1977 The period of lease was 10 years. Later with the permission of the Mining Department the lease was transferred by the lease holder to the petitioner and the transfer deed was registered on 18.8.1984 Thereafter the petitioner has been excavating the mineral and was paying royalty and deed-rent.

3. The case of the petitioner is that all of a sudden the employees of the Forest Department i.e. respondents Nos. 3 and 4, without any prior intimation and without any notice t

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