JARNAIL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed against the order dated 11.05.2011, passed by the Deputy Secretary (Mines), Mines Dept., Jaipur whereby the revision filed by the petitioner against the order dated 20.05.2009, passed by the Supt. Mining Engineer, Bharatpur has been dismissed.

(2.) The facts of the case are that the petitioner had applied for a mining lease of masonry stone in the area ad measuring 200 X 50 sq. meters near village Chinawara, Tehsil Pahadi, District Bharatpur on 23.01.2008 which was registered as M.L. No.54/2008. The petitioner filed this application with all required documents like site map, Jamabandi etc. The case of the petitioner is that after a period of one year and five months from filing of the application, vide order dated 20.05.2009 the Supt. Mining Engineer, Bharatpur, without providing an opportunity of hearing, rejected the petitioner's application inter alia on the ground that the applied area for granting mining lease was against the rehabilitation of the leaseholder of Kama-Deeg area under delineated plots. Aggrieved of the order dated 20.05.2009, the petitioner filed a revision before the Deputy Secretary (Mines) Mines Dept., Jaipur. A reply to the revision was filed by the Supt. Mining Engineer, respondent No.3. After hearing both the parties, vide order dated 11.05.2011, the Dy. Secretary (Mines) dismissed the petitioner's revision with the same finding as given by the Supt. Mining Engineer and upheld the order dated 20.05.2009. Aggrieved of the order dated 11.05.2011, the petitioner has approached this Court.

(3.) On notice being served on the Mining Department, a reply has come to be filed. It has been submitted that while the application of the petitioner for grant of mining lease was under process, M.L. No.54/2008 was checked and examined by the draftman on 24.10.2008 and it was found that applied area of the petitioner was overlapping M.L. Nos.412/2002 and 479/2002. It is submitted that again according to the draftman's report dated 01.05.2009, Senior Geologist, Alwar vide his letter dated 08.10.2008 sent the maps of delineated plots to the Executive Mining Engineer, Bharatpur, which was received on 15.01.2009 and it was found that the present applied area of the petitioner bearing M.L. No.54/2008 was overlapping the delineated plots. Therefore, a proposal for rejection of the petitioner's application was sent to the Supt. Mining Engineer, Bharatpur on 14.05.2009 and thereafter the Supt. Mining Engineer, Bharatpur vide its order dated 20.05.2009 rejected the petitioner' application.