Honble TIBREWAL, J.–By this petition under Articles 226 and 227 of the Constitution of India, the petitioner is seeking a mandamus to declare Notification dated, October 6, 1994 (Annexure-15), issued by the Government of Rajasthan in exercise of power conferred by Rule 65-A of the Rajasthan Minor Mineral Concession Rules, 1986 (for short the Rules of 1986) as invalid on the ground of being arbi-trary and beyond legal competence of the State Government. In the course of arguments, much stress has been made to set aside clause (9) of the Notification. Further prayer is consequential to quash and set aside the two letters dated 19.10.94 issued by the Mining Engineer, Jaipur, rejecting the applications made by the petitioner for grant of mining lease.

(2). The Notification in question is, in fact, a new policy prescribing the procedure for grant of mining lease/quarry licence for marble, including serpentine/green marble etc. The salient features of the new policy are :

(i) delineation of plots of prescribed size by the Government for granting mining lease/quarry in the government land;

(ii) size of plots to be of 2.25 hectares. The size of plots could be changed by the Director for reaso

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