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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR

BENCH

JUDGMENT

S.B. CIVIL WRIT PETITION NO.9077/2011

(Jarnail Singh Vs. State of Rajasthan & Ors.)

Date of Order :

13.03.2012

HON'BLE MR. JUSTICE ALOK SHARMA

Mr. Amit Kumar Sharma, for the petitioner.

Mr. Zakir Hussain, for the respondents-State.

This petition has been filed against the order

dated 11.05.2011, passed by the Deputy Secretary (Mines),

Mines Dept., Jaipur whereby the revision filed by the

petitioner against the order dated 20.05.2009, passed by

the Supt. Mining Engineer, Bharatpur has been dismissed.

The facts of the case are that the petitioner had

applied for a mining lease of masonry stone in the area ad

measuring 200 X 50 sq. meters near village Chinawara,

Tehsil Pahadi, District Bharatpur on 23.01.2008 which was

registered as M.L. No.54/2008. The petitioner filed this

application with all required documents like site map,

Jamabandi etc. The case of the petitioner is that after a

period of one year and five months from filing of the

application, vide order dated 20.05.2009 the Supt. Mining

Engineer, Bharatpur, without providing an opportunity of

hearing, rejected the petitioner's application inter alia on

the ground that the applied area for granting mining lease

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was against the rehabilitation of the leaseholder of Kama-

Deeg area under delineated plots. Aggrieved of the order

dated 20.05.2009, the petitioner filed a revision before the

Deputy Secretary (Mines) Mines Dept., Jaipur. A reply to

the revision was filed by the Supt. Mining Engineer,

respondent No.3. After hearing both the parties, vide order

dated 11.05.2011, the Dy. Secretary (Mines) dismissed the

petitioner's revision with the same finding as given by the

Supt. Mining Engineer and upheld the order dated

20.05.2009. Aggrieved of the order dated 11.05.2011, the

petitioner has approached this Court.

On notice being served on the Mining

Department, a reply has come to be filed. It has been

submitted that while the application of the petitioner for

grant of mining lease was under process, M.L. No.54/2008

was checked and examined by the draftman on 24.10.2008

and it was found that applied area of the petitioner was

overlapping M.L. Nos.412/2002 and 479/2002. It is

submitted that again according to the draftman's report

dated 01.05.2009, Senior Geologist, Alwar vide his letter

dated 08.10.2008 sent the maps of delineated plots to the

Executive Mining Engineer, Bharatpur, which was received

on 15.01.2009 and it was found that the present applied

area of the petitioner bearing M.L. No.54/2008 was

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overlapping the delineated plots. Therefore, a proposal for

rejection of the petitioner's application was sent to the Supt.

Mining Engineer, Bharatpur on 14.05.2009 and thereafter

the Supt. Mining Engineer, Bharatpur vide its order dated

20.05.2009 rejected the petitioner' application.

Mr. Zakir Hussain, Addl.G.C. for the State points

out that the State Government keeping in view the religious

importance of Brij area in Tehsil Kama and Deeg, in public

interest decided to close down 202 mining leases situated in

the hills of Tehsil Deeg and Kama under the order dated

06.02.2008 as the said area was directed to be set apart

under the Land Revenue Act as forest area.

The

Government thereafter on due deliberations decided to

rehabilitate 202 mining lease owners by grant of delineated

plots for mining in village Gangora, Chinawara, Libasana,

Bijasana, Chhpara etc. of Bharatpur District and in this

regard the Superintending Engineer (Head Quarters)

forwarded the detailed proposals to the Principal Secretary,

Department of Mines and Petroleum, Government of

Rajasthan vide letter dated 24.9.2008. In this letter, as per

the proposals made by the Superintending Mining

Engineer, Bharatpur the Government was requested to

relax rule 7 of the Rajasthan M