MOHAMMAD BUX Vs. STATE FB

JUDGEMENT

(1.) This matter has been referred to this Full Bench by Hon'ble the Chief Justice on account of the reference made by the learned single Judge by his order dated 2-2-1982, whereby the learned single Judge has referred the following four ques-tions for consideration of the Full Bench, which read as under :-

(2.) Before we answer these questions, it will be necessary to refer the law on the subject as well as the brief facts giving rise to this controversy.

(3.) The petitioners Mohd. Bux and Ahmed Bux filed a writ petition praying that R. 4(3) of the Rajasthan Minor Mineral Concession Rules, 1977 may be declared unconstitutional and void and be struck down and the Mining Engineer, Bikaner may be directed to proceed with the petitioner's application for grant of the mining lease without a 'No Objection Certificate' from the Colonisation Commis-sioner and he may be directed to ignore Rule 4(3) of the Minor Mineral Concession Rules, 1977.