KAILASH CHAND BAIRWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed with the prayer that lease allotment order dated 21-6-2011 (whereby a mining lease for the mineral masonry stone in an area of one hectare situated in village Manpur Doongari, Tehsil Chaksu District Sikar has been granted to respondent No.4 Nand Kishore Jat on the basis of his preferential right under Section 7 of MMCR 1986) be quashed and set aside.

(2.) THE case of the petitioner is that he is a Trustee and Secretary of temple of Shri Shiv Gorakh Trust Shiv Doongari, Chaksu. It is submitted that the ancient temple of Shiv Gorak is situated atop the Shiv Doongari Chaksu and respondent No.4 Nand Kishore Jat got a lease allotment order in his favour (ML No.170/1993) for excavation of mineral masonry in an area of one hectare at Manpur Doongari, Tehsil Chaksu. It has been submitted that in the event mining activities were to be carried out on the leased land the temple built on top of the hill would be endangered. It is therefore prayed that the grant of mining lease to respondent No.4 under the order dated 21-6-2011 be thus restrained by the court.

(3.) IN the aforesaid circumstances, it has been submitted that the writ petition should be dismissed for suppression of material facts, apart from the petitioner having no locus standi to lay a writ petition against the grant of mining lease to respondent No.4.