CHAMPALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution of India, the petitioner seeks an appropriate writ, order or direction for (i) quashing the orders of the State Government dated 17-11-1971, 7-9-1973 and 12-11-1973, (ii) an appropriate writ or order or direction restraining the respondents Nos. 1, 3 and 4 from giving effect to the above mentioned orders and further to prohibit ihe respondent No. 2 from executing the lease-deed, (iii) an appropriate writ, order or direction to the State Government to consider the application of the petitioner dated 24-3-1972 for grant of the mining lease, and (iv) any other appropriate writ, order or direction which the facts and circumstances of the case warrant.

(2.) THE facts giving rise to this writ petition briefly stated are as follows :--

(3.) THE respondents resisted the petition inter alia on various grounds, the principal grounds being that the petitioner could not acquire any legal enforceable right by moving application on 24-3-1972; that there was an alternative remedy of revision wider Section 30 of the Mines and Minerals (Regulation and Development) Act, 1957. hereinafter called the Act and that the Government had power to extend time for the execution of lease under the proviso to Rule 18 in the facts and circumstances of the case; that the revised plans were submitted on 23-4-1971 and not on 26-11-1972 as wrongly alleged by the petitioner and therefore the petitioner's application dated 24-3-1972 was of no avail more particularly when that application was defective being not accompanied by the requisite plans and that the Government had power under Rule 59 of the State Rules to relax any of the provisions of the Rules in the interest of development of minerals or better working of the mines and it was within its competence to allow the respondent No. 2 to execute the lease after the prescribed time and its action was not open to judicial review.