1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 3065 of 1997 JAISALMER PATTHAR MINE.UYA. SANGH & ORS V/S STATE & ORS Mr. ARVIND SHRIMALI & Mr. AMIT VYAS for Mr. DD THANVI, for the appellant / petitioner Mr. BL BHATI, A.G.A., for the respondent Date of Order : 4.1.2008 HON'BLE SHRI N P GUPTA,J. ORDER ----- By this petition, the petitioners seek quashing of notice Annexure-2 published in Rajasthan Patrika dated 25.6.1997, and also seek to challenge 100% reservation of the plots in favour of S.C./S.T. and Other Backward Classes, so also seek to challenge classification of 15 delineated plots regarding their delineation for Low Grade marble deposits. Vide order dt. 21.8.1997 interim stay was granted restraining allotment of mining lease of the plots in question in pursuance of Annexure-2. It is informed by the learned counsel for the respondent State that this notice Annexure-2 was issued pursuant to Marble Policy of 1994, however, thereafter a 2 new Marble Policy of 2002 has already been framed, and promulgated which is being acted upon, and according to Clause 23 whereof applications which have not been disposed of till the publication of the notification of this policy are required to be rejected, and application fee is required to be refunded. According to the learned counsel in that view of the matter, since no allotments can be made pursuant to Annexure-2, nor that policy subsists, nor the pending applications can be considered now, the writ petition becomes infructuous. In my view, in view of reading of Clause 23 of the Marble Policy, 2002, this writ petition becomes infructuous. The same is, therefore, dismissed as infructuous. ( N P GUPTA ),J. /Sushil/