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1995 Supreme(Raj) 289

A.P.RAVANI, P.K.PALLI
Bhanwar Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
P.P. Singh for Petitioner R.L. Jangid, for Respondents

Honble RAVANI, CJ. –The contention that Rule 65-A of the Rajasthan Minor Mineral Concession Rules, 1986 (in short `the Rules) does not empower the Government to make policy provision in respect of quarry licence has no force. The words used in Rule 65-A of the Rules are as follows:–

"adopt any method or procedure different from that provide in the rules for leasing out mineral deposit in the interest of mineral

development."

(2). This expression and particularly the expression "for leasing out mineral deposit" would in the context cover the quarry licence also

(3). The reliance placed on the decision of the Supreme Court in P.K.Unni V/s Nirmala Industries & Ors. (1) is of no help to the petitioner. It is true that the Court is required to interpret laws as per the words used by the Legislature. But , that does not mean that the Court cannot and would not look at the context in which the particular phrase or words are used.

(4). The learned counsel for the petitioner submitted that the policy notified vide Notification dated 6.10.1994 makes reservation in favour of certain classes of persons. Clause 8(2) provides for reservation in favour of persons belonging to Scheduled Castes and Sche



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