NARMADA ENTERPRISES, HOSHANGABAD Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER is challenging the grant of sand quarry made by Gram Panchayat, Bhargada, respondent No. 3 in favour of respondent No. 4 Chhotelal Uike on the ground that due publication was not made as per Rule 38 of the M.P. Minor Mineral Rules, 1996, (hereinafter referred to as 'the Rules').

(2.) THE relevant facts in the present writ petition indicate that respondent No. 4 Chhotelal Uike applied for grant of sand quarry lease on 21.4.2001 and on the said date itself the sand quarry lease was granted for a period of two years with effect from 3.5.2001 to 2.5.2003 as per resolution dated 21.4.2001 which is a forming part of Annexure P. 3. The meeting itself was held on 21.4.2001. Petitioner submits that Rule 38 of the Rules requires due publicity to be made for disposal of the application which has been given a total go by in the instant case. The application was granted on the same date on which the notice R. 4 was issued for publication in terms of Rule 38. Thus, it cannot be said to be a due publication of the notice. Petitioner requested the respondent No. 5 to supply the copy of the resolution which indicates that procedure has not been followed. Petitioner preferred an appeal under rule 57(1) of the Rules. Respondent No. 6 dismissed the appeal as not maintainable. Hence, the present writ petition has been filed before this Court.

(3.) AFTER hearing learned counsel for the parties, it becomes clear and not in dispute that application was itself filed on 21.4.2001 and was allowed by Gram Sabha on same day itself. Rule 38 of M.P. Minor Mineral Rules requires the application to be disposed of within 60 days from its receipt. Rule 38(1) of the Rules is quoted below :