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In The High Court of Judicature for Rajasthan

Jaipur Bench, Jaipur

O R D E R

D.B. PIL Petition No.19860/2012

Villagers of Village Farkiya Tehsil Kekri District Ajmer through

Bachhraj @ Basaraj

Vs. State of Raj. & Ors.

Date : 4-5-2016

Hon'ble The Acting Chief Justice Mr. Ajay Rastogi

Hon'ble Mr. Justice Dinesh Chandra Somani

None present for petitioner.

Mr. Reashm Bhargava Adv. ]

Mr. N.S. Chouhan Adv.

] for respondents.

Instant public interest petition has been filed for cancellation

of the allotment of mining lease no.1/06 made in favour of

respondent-3 & seeking further direction not to blast in the area of

ML no.1/06 near Village Farkiya Tehsil Kekri District Ajmer.

The writ petitions are invariably being filed in the name &

style of the villagers of village and no-one takes the responsibility of

the facts indicated in the petition & who has authorized the person

to sworn the affidavit filed in support of the writ petition and the

present Bachhraj @ Basaraj who is a self claimed person & the local

resident of the area & the then Upsarpanch of Gram Panchayat

Bharai, Tehsil Kekri, District Ajmer.

After notices of the present petition came to be served, reply

has been filed by the Mining Department & it is stated that as

regards the mining lease of mineral masonry stone measuring 1

hectare in khasra no.107, land type 'Barani-III' situated near village

Farkiya, Tehsil Kekri, District Ajmer, sanction was issued in favour

of Kumari Seema Rathore D/o Ummed Singh Rathore vide order

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dt.11-1-2006 under the Rajasthan Minor Mineral Concession

Rules,1986 on a fixed deed rent of Rs.15,000/- for a period of 20

years operative with effect from the registration of the lease deed

with a condition of revision of the fixed deed rent after every five

years and the lease deed came to be executed on 12-1-2007 &

registered on 16-1-2007.

Counsel for respondents submits that if there is any error

being committed or there is violation of the Rules,1986, an inbuilt

mechanism has been provided of filing appeal before the competent

authority.

After we have looked into the material on record, taking note

of the explanation furnished by the respondents, we do not find any

substance in the present PIL and the same is without merit and

accordingly dismissed.

(Dinesh Chandra Somani), J. (Ajay Rastogi),Acting CJ.

VS/