SHOBHA MINERALS Vs. STATE OF M P

JUDGEMENT

(1.) The challenge in this petition is to the order dated 12.1.2012, annexure P/10, passed by the respondent no.1 in favour of the respondent no.4. By that order, prospecting licence has been granted in respect of the lands referred to in the order bearing Khasra Nos.70 Part, 73/1, 73/2, 75 Part, 77 Part, 78 Part, 79, 80/1, 2, 81 Part, 84 Part, 86 Part, 87 Part, 88 Part, 89 and 93.

(2.) The argument of the petitioner essentially rests on the application filed by the petitioner for grant of mining lease which refers to lands bearing Khasra Nos.80/1, 80/2 and 78 Part. According to the petitioner, being Bhumiswami in respect of the said lands the petitioner was entitled for grant of mining lease as per the policy and for that reason the impugned order issued by the respondent no.1 in favour of the respondent no.4, annexure P/10, cannot be sustained.

(3.) The argument though attractive at the first blush will have to be negatived. Inasmuch as, on the basis of application, annexure P/1, which, indeed, refers to Khasra Nos.80/1, 80/2 and 78 Part, the matter travelled up to the Revisional Authority at the instance of the petitioner in which the Revisional Authority vide order dated 10.8.2009 answered the revision in favour of the petitioner only to the extent referred to in the operative order which reads thus :-