MAHENDRA Vs. THE STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) WITH the consent and at the request of the learned counsel for the parties, the matter has been taken up for final disposal at this stage itself. In this writ petition, essentially the petitioner has put to question the Notification dated 03.04.2013 as issued by the State Government bringing out amendment in the Rajasthan Minor Mineral Concession Rules, 1986 ('the Rules of 1986') particularly to the extent it was sought to be applied on the pending applications for grant of mining lease/licence.

(2.) IT is also noticed that the very same Notification dated 03.04.2013 was under challenge in a batch of petitions led by DB CWP No. 4241/2013: Federation of Sand Stone Mining Industries Association and Ors. Vs. State of Rajasthan and Ors. wherein, a coordinate Bench in its order dated 31.07.2013 has held the amendment made in sub -rule (10) of Rule 4 and sub -rule (3) of Rule 7 of the Rules of 1986 to be illegal to the extent it provided for rejection of pending applications. The co -ordinate Bench has, inter alia, held as under: -

(3.) THE position aforesaid and the relevant observations as made in the order dated 31.07.2013 directly apply to the present case too.