MOHD NISAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner submitted an application for plot no. 412 before the Mining Engineer, Jodhpur, which was accepted by an order dated 28. 4. 98 (Annex. 1) passed by the respondent no. 3, Mining Engineer, Jodhpur. Accordingly, the petitioner deposited Rs. 2625/-on 2. 5. 98 (Annex. 2 ). However, he was not issued required licence and instead of that he received an order dated 19. 5. 1998 (Annex. 3) passed by the respondent no. 3, whereby, the earlier order dated 28. 4. 98 (Annex. 1) was cancelled.

(2.) AGAINST the said order,the petitioner preferred an appeal before the Addl. Director, Mines and Geology Department, Jodhpur which was allowed on 24. 7. 1998 (Annex. 4) and the case was remanded to the Mining Engineer. In spite of the remand order the Mining Engineer did not issue licence in favour of the petitioner, therefore, the petitioner filed appeal before the State Government which was dismissed by an order dated 27. 7. 99 (Annex. 5 ).

(3.) IN support of his submission Mr. Jangid had relied upon the original order dated 30. 3. 98, wherein the aforesaid last line was not mentioned. This has been stated on oath in reply affidavit by the respondents.