!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.2966/2007 (Narayan Lal Vs. State of Rajasthan & Ors.) Date of order :: 16.01.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.B.M. Bohra, for the petitioner. Mr.Rishi Vaishnav, Dy. Govt. Counsel. Heard learned counsel for the parties. By way of filing present writ petition, petitioner is challenging the order impugned dated 22nd January, 2007 (Annexure-8) passed by the Additional Director Mines, Udiapur. The brief facts of the case are that the petitioner preferred an application for allotment of mining lease for Mineral Serpentine. A notice dated 22nd September, 2004 was given to the petitioner to produce certificate from the competent revenue authority and also file an affidavit to the effect that the area applied for by the petitioner does not fall in the forest. The case of petitioner is that the !! 2 !! demarcation of land for mining lease was made on 05th September, 2005 and for that purpose a notice (Annexure-5) was given to the petitioner by the Assistant Mining Engineer, Mines & Geology Department, Rishabhdev, Distt. Udaipur, but before the aforesaid date, application of petitioner was rejected by the Additional Director, Mines, Udiapur on 31st August, 2005 on the ground that petitioner has not completed the formalities though he was given notice. It is also averted in the order that the area in question is reserved for the Scheduled Tribes and for that as per Notification dated 18th December, 2000 there is ban imposed by the State Government for allotment. First of all when petitioner's application was pending and he was given notice to remain present on 05th September, 2005 for demarcation, then there was no occasion left with the Additional Director, Mines, Udaipur to reject the application filed by the petitioner before that date. Therefore, at the time of challenging the said order of rejection dated 31st August, 2005 before the Revisional Authority, this aspect of the matter was to be considered, but it has not been considered by the Dy. Secretary to the Government, Mines Department, Government of Rajasthan, Secretariat, Jaipur. Therefore, !! 3 !! petitioner is seeking direction to the respondents for deciding his application for grant of mining lease after providing opportunity to complete the formalities as well as to demarcate the land for which notice was given to the petitioner. Learned Dy. Govt. Counsel vehemently argued that the application of the petitioner was rejected on two grounds; firstly, inspite of granting opportunity by way of issuing notice, he has not completed the formalities. Secondly, for the area in question, there is ban imposed by the State Government for allotment, therefore, the rejection of petitioner's application was in consonance with the provision of law. Hence, no interference is required in this case. I have considered the rival submissions made by both the parties. In my opinion, when petitioner was given notice to remain present on 05th September, 2005 for demarcation, then there was no ground for the Additional Director Mines, Udaipur to reject the application of the petitioner before that date. Therefore, reason No.1 mentioned in the order Annexure-6 is not tenable in the eye of law. For the second reason, however, in my opinion, the application can be rejected by the respondents, but at the same time the said decision whether the !! 4 !! said area comes within the area of reservation for the Scheduled Tribes or not can well be ascertained after demarcation, therefore, before demarcation, for this reason, too, rejection of application is not warranted. In this view of the matter, while setting aside the order dated 31st August, 2005 (Annexure- 6) and the order dated 22nd January, 2007 (Annexure-10), case is remitted to the respondents for deciding the application filed by petitioner afresh after providing opportunity to complete the formalities to the petitioner. Further, it is also clarified that if any stay still exists for not granting any mine in the area reserved for Scheduled Tribes, then appropriate order can be passed by the Additional Director, Mines, Udaipur after considering the petitioner's candidature. With the above observation/direction, this writ petition is allowed. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-