1 S.B.C.W. NO. 2898/2008 Smt. Kamla Nawal Vs. State of Rajasthan and Others IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.CIVIL WRIT PETITION NO. 2898/2008 Smt. Kamla Nawal Vs. State of Rajasthan and Others Date of Order : : 01.05.2009 HON'BLE MR. JUSTICE H.R. PANWAR Mr. P.S.Chundawat for the petitioner. Mr. R.K.Soni, Addl. Govt. Counsel for the respondents. BY THE COURT Learned counsel for the petitioner submits that the controversy involved in the instant writ petition stands concluded by the decision of this Court in S.B.Civil Writ Petition No.5894/2005 “Sanjay Sukhadia Vs. State of Rajasthan and Ors.” and four other writ petitions decided on 28.5.2008. Mr. R.K.Soni, Additional Govt. Counsel appearing for the respondents submits that the instant writ petition is squarely covered by the order of this Court passed in S.B.Civil 2 S.B.C.W. NO. 2898/2008 Smt. Kamla Nawal Vs. State of Rajasthan and Others Writ Petition No.5894/2005 “Sanjay Sukhadia Vs. State of Rajasthan and Ors.” and therefore, this writ petition may also be allowed in terms of the order passed by this Court in Sanjay Sukhadia's case. In this view of the matter, the writ petition is allowed in terms of the order passed by this Court in S.B.Civil Writ Petition No.5894/2005 “Sanjay Sukhadia Vs. State of Rajasthan and Ors.” decided on 28.5.2008 and it is held that :- (1)The State is bound to proceed as per the Granite Policy, 2002 and is restrained from granting mining lease in the Government land unless the Government identifies, delineates and notifies the mine in the area by making efforts for exploring the granite from their own officers as required by proviso to clause (1) of the Granite Policy, 2002. (2)exploration of granite by private individual only in accordance with the provisions under the Granite Policy, 2002, when any individual may become entitled to allotment of mining lease under Granite Policy, 2002, then he can be granted mining lease to the extent of his entitlement after carving out the plot for which lease can be granted and to 3 S.B.C.W. NO. 2898/2008 Smt. Kamla Nawal Vs. State of Rajasthan and Others the extent of the area as provided under the Granite Policy, 2002. (3)the State Government is directed to work out where and how to survey the granite in the Government land and how much area be made available for grant of mining lease for excavation of granite so that proper reservation of the plots may be made in accordance with the Granite Policy, 2002. (4) No order as to costs. (H.R. PANWAR), J. Rp 4 S.B.C.W. NO. 2898/2008 Smt. Kamla Nawal Vs. State of Rajasthan and Others S.B.Civil Misc. Stay Petition No. 5322/2008 In S.B.Civil Writ Petition No. 2898/2008 Date of Order : : 01.05.2009 HON'BLE MR. JUSTICE H.R. PANWAR Mr. P.S.Chundawat for the petitioner. Mr. R.K.Soni, Addl. Govt. Counsel for the respondents. Since the writ petition itself has been allowed, the stay petition stands disposed of. (H.R. PANWAR), J. Rp