ABDUL GHANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to grant mining rights to him in respect of slate deposits in village Kherli Kalan, Tehsil Ferozepur Jhirka, District Gurgaon.

(2.) THE case set up by the petitioner is that he had discovered slate deposits in an area measuring 441 kanals 1 marlas in village Kherli Kalan and had applied for grant of mining lease as early as in February, 1993, but without considering his application and in clear violation of the provisions contained in the Punjab Minor Minerals Concession Rules, 1964, as applicable to the State of Haryana, the authorities of Department of Mines and Geology, Haryana issued notification Annexure P6 dated 23.12.1993 and granted mining rights to others. According to him, the action of the respondents to issue notification Annexure P6 is wholly arbitrary and violative of his fundamental right to equality guaranteed under Article 14 of the Constitution of India.

(3.) THE petitioner has not filed replication to controvert the averments contained in the written statement to the effect that mining rights were granted to M/s Mewat Minerals and Shri Usman son of Shri Imam Khan and that his application was rejected in the year 1993.