1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.445/2009. : : Muli Ram Gurjar Vs. State of Rajasthan & Ors. : : Date of Order 20.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Ashwani Chobisa for the petitioner. Mr. Kamlakar Sharma for the respondent No.5. Mr. Pradeep Kalwania, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. 2. This writ petition has been filed by the petitioner with the prayer that respondents No.1 to 4 be directed to take strict action against respondent No.5 for illegality committed by him and cancel mining lease granted to him. 3. Learned counsel for the petitioner submits that mining lease was granted to respondent No.5 on the basis of forgery committed by him and he wrongly shown Khasra No.592 divided into two parts. It is contended that this fact was confirmed by SDO and Mining Engineer has even lodged first information report with the police against respondent 2 No.5 for offence under Sections 420, 467, 468, 471 & 120-B IPC. This issue was raised on the hour of Rajasthan State Legislative Assembly also where the Government admitted having lodged such FIR. Mining Engineer even issued notice to respondent No.5 why such mining lease was not cancelled. 4. The official respondents in reply to writ petition however, have submitted that before coming to definite conclusion whether or not the mining area fell within the khatedari land of petitioner of Khasra No.592 and whether the respondent No.5 by forging document showed wrong demarcation of the land, can be decided only after a joint survey was conducted by Revenue Department, Settlement Department and Mines Department and in this regard they have already sent various letters to the Revenue Department and Settlement Department. 5. Having regard to the facts of the case, particularly when at the instance of the respondents themselves, a first information report has been lodged and they have initiated the process of joint survey, it would not be for this Court to give finding, one way or other, on the contentious issues raised in this writ petition. 3 This writ petition is, therefore, disposed of with direction to respondents to hold joint survey within one month from the date copy of this order is produced before them under intimation to both the contesting parties and thereafter take a final decision on the question of continuation or otherwise, of lease deed granted to respondent No.5, within one month thereafter. As regards the allegation whether the respondent No.5 has illegally excavated such minerals from Khasra No.612, petitioner would be free to make a representation to the respondents within one month for which also respondents shall take particular view of the matter. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.10.