SCHEDULED CASTES SCHEDULED TRIBES AND BACKWARD CLASSES KAMGAR AND KARIGARON KA SAHKARI SAMITI MYDT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner society has filed this petition challenging the sanction of the lease of flag-stone quarry over Survey Nos. 850 to 853 in village Tyonda by the State Government.

(2.) The brief facts of the case are that the petitioner is a society of workmen of Scheduled Castes, Scheduled Tribes and Backward Classes. The petitioner society is also claiming lease over the society of Tyonda. The lease was originally held by one Rajendra Singh. Rajendra Singh apphied for renewal of lease. Before the lease could be renewed, some orders were passed by the Collector cancelling the lease on account of non-payment of the instalments. The revision filed by Rajendra Singh was also rejected.

(3.) Respondent No. 5 society also applied for the quarry lease of the same land. The application of respondent No. 5 society was filed on 23-12-1993. While the application was being considered, the comments were sought from the respective officers. The matter was sent to the Assistant Registrar, Co-operative Societies, Vidisha and Mining Inspector for enquiry. The Assistant Registrar, Co-operative Societies, and Mining Inspector submitted their report and both of them found that as per bye-laws of respondent No. 5 society, the society cannot extract mining work at Tyonda. Tyonda mine area does not fall within the jurisdiction of respondent No. 5 society with the head office at Barwai. The Sarpanch of the Gram Panchat also opposed the grant of lease to respondent No. 5 society on the ground that if the lease is granted to respondent No. 5 society, local people of Tyonda will be unemployed. When application of the petitioner was under consideration, an application under Rule 32-B of the Madhya Pradesh Minor Minerals Rules, 1961 (hereinafter referred to as the 'Rules') was filed by the respondent No. 5 society before the State Government. The State Government allowed the application and ordered that the lease be executed in favour of respondent No. 5 society. The order has been filed by the State as Annexure R - 5,