LAWS(RAJ)-2010-7-107

SARVAN KUMAR Vs. STATE OF RAJASTHAN AND ORS.

Decided On July 13, 2010
SARVAN KUMAR Appellant
V/S
State of Rajasthan And Ors. Respondents

JUDGEMENT

(1.) THIS petition for writ is preferred to quash quarry licence dated 14.2.2008 issued in favour of respondent No. 3.

(2.) THE factual matrix necessary to be noticed is that under a Notification dated 14.7.1987 applications were invited for allotment of mining plot No. 50, Jaleri No. 3 and the same was allotted to one Shri Hari Shankar. The allotment made in favour of Shri Hari Shankar stood cancelled on 29.1.1988, because of certain deficiencies in compliance of the conditions for the grant of mining quarry licence. After cancellation of the allotment made in favour of Shri Hari Shankar, the petitioner preferred an application on 6.9.1989 for allotment of the disputed mining area. The application so preferred came to be rejected on 9.3.1990, being pre -mature, as till then. No notification declaring the area vacant and available for allotment was made. On rejection of the application for allotment, the petitioner preferred an appeal before the Additional Director (Mines), Udaipur that too came to be rejected on 13.9.1990.

(3.) AT the same time on allotment of the disputed mining plot to respondent No. 3 on 14.2.2008, a revision petition was preferred by the petitioner before the State Government and that came to be rejected on 2.7.2009. Being aggrieved by the order passed in revision petition, this petition for writ is preferred.