SAURABH KHATRI Vs. STATE AND ORS

JUDGEMENT

(1.) At request, the matter has been taken on Board today alongwith similar matters. The defects pointed out by the office are taken note of and are ignored. The learned counsel Ms. Suman Porwal puts in appearance for the respondents. 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.

(2.) 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.

(3.) It is not in dispute 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 & Ors. Vs. State of Rajasthan & 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 the pending applications. The co-ordinate Bench has, inter alia, held as under:-