S.B.CIVIL WRIT PETITION NO. 10137/2009 Akbar Mohammed Vs. The State of Rajasthan Date of Order :: 12.07.2010 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Rajesh Panwar, for the petitioner. ... As per the averments contained in the petition for writ, a licence was granted to the petitioner for excavating brick-sand in ML No.38 of 2000 measuring 01 hectare in Kila No.100 Village Dhuwala. The Tehsildar, Mandal alleging illegal mining by the petitioner, initiated proceedings against him under Sections 91, 90A read with Section 89(7) of the Land Revenue Act, 1956. The Additional District Magistrate, Bhilwara examined the matter and reached to the conclusion that the petitioner was indulged in illegal excavation of mineral, thus, imposed a penalty of Rs.90,750/-. The finding given by the learned Addl. District Magistrate came to be affirmed by the Revenue Appellate Authority, Bhilwara vide judgment dated 28.12.2001. An appeal was preferred by the petitioner as per the provisions of Section 76 of the Land Revenue Act, 1956 giving challenge to the order passed by the Revenue Appellate Authority also came to be rejected on 8.9.2008. While giving challenge to the concurrent findings by the courts below, the contention of the learned counsel for the petitioner is that the petitioner having a licence for excavation of sand and he was working in his own mining area, as such, the findings given by the courts below are erroneous. I do not find any merit in the arguments advanced. The Addl. District Magistrate, Bhilwara considered all the facts and by sound appreciation of those, gave a definite finding of fact, which came to be affirmed by the Revenue Appellate Authority as well as the Board of Revenue for Rajasthan, Ajmer. The findings of fact given by the courts below are just and proper and does not require any interference by this Court while exercising the powers under Section 227 of the Constitution of India. The petition for writ is dismissed accordingly. (GOVIND MATHUR), J. Sanjay/-