RAJENDRA KUMAR JAKHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL the three petitions have been filed with a similar prayer and therefore are being decided by a common order.

(2.) THE facts in the case of Rajendra Kumar Jakhar Vs. State of Rajasthan (S.B. Civil Writ Petition No.4486/2012) are being taken as the leading case for determination of the issue raised by petitioners in their respective writ petitions.

(3.) MR. Zakir Hussain, learned counsel for respondents submits that the writ petition is grossly misdirected. He submits that in any event of the matter vide order dated 15-2-2011 the Deputy Secretary, Mines and Geology Department has conveyed to Director Mines and Geology department that the State Government had sought permission from Central Government for grant of mining lease to Kalyani Mining Ventures Pvt. Ltd. giving to it priority/ preference under Section 11 (5) of the 1957 Act. Counsel for respondents further submits that entire proceedings before this court are based on a misconstruction of Section 11(5) of the 1957 Act and thus premature, inasmuch as prior approval of Central Government has to be obtained only before the grant of reconnaissance permit/ mining lease under section 11 (5) of the 1957 Act and not before determination of priority itself under the said provision. He submits that any order under sub-section 5 of Section 11 of the 1957 Act for the grant of mining lease/ reconnaissance permit to a person contrary to priorities in terms of Section 11 (2) of the 1957 Act can no doubt be passed only subsequent to prior permission of the Central Government, but that in the instant matter no such grant has yet been made and only the State's proposal has been referred to Central Government. Counsel submits that the cause of action to petitioner if at all would arise only subsequent to grant of mining lease in terms of Section 11 (5) of the 1957 Act after disturbing the priorities under section 11(2) of the 1957 Act.