SOHANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this rule, the petitioner has challenged Exs. 7, 8 and 9 of this petition by which the order of allotment of the quarry in favour of the petitioner was set at naught and non -petitioner No 4 was allotted the quarry.

(2.) THE case made out in the petition of the petitioner is that the petitioner applied before the State Govt, for allotment of the quarry being No. 909 on 22 -11 -1966 and the order was made soon thereafter. Appeal was taken by respondent No. 4 to the State Government and the State Government by an appellate order remanded the case back to the authorities concerned. or the purpose of considering whose application was prior, whether the petitioner's or respondent No 4's It was subsequently found that the application by respondent No. 4 was made on 17 -11 -76 and the petitioner herein made the same on 22 -12 -76. It was the argument of Mr. Joshi and it is admitted that respondent No. 4's application was not on the record, but all the tribunals below held that respondent No. 4 did file an application on 17 -11 -66 as is quite clear from the receipt granted by the Tehsildar, Mines, in so far as respondent No. 4 is concerned. It is now slated by the petitioner that the Mining Engineer allotted the same quarry No. 909 to respondent No. 4 on 17 -9 -68 and notice was pasted on the notice board of the office of Mining Engineer, Jodhpur, along with all allottees of different quarries and there was a stipulation that if anybody has any objection, the same may be filed within thirty days before the Mining Engineer and as such, the allotment was provisional according to the petitioner. The petitioner filed objections on 13 -9 -68 stating therein that the application of respondent No 4 was not presented in the office prior to the application of the petitioner and charges of manipulation and malafides are levelled as against non -petitioner No. 4 and the office. I am not, however, concerned with these disputed questions of fact. It appears further that the petitioner received letter stating that the order of quarry No. 909 was made in favour of the petitioner on 17 -11 -1970. There -after, the petitioner deposited Rs. 200/ - for two years and Rs. 250/ - on 18 -11 -70. It is admitted position that the petitioner did not execute any document for the mining lease up ail now. It is also the case of the respondent that he did get the allotment in 1968 and executed deed of mining lease and working the mine from the date when the allotment was made. The State Government represented by Mr. Calla contended that the allotment was made in favour of respondent No 4 and not in favour of the petitioner in respect of quarry NT. 909 and respondent No. 4 is in possession of the quarry and is paying the rent cum royalty to the Government. On the basis of these, the parties came to trial.

(3.) THE last question which is mooted at the Bar is that the petitioner applied before respondent No. 4. I have already said that 17 -11 -66 is the date of the application of respondent No. 4 and the petitionre's application was dated 22 -12 -66 and, therefore, the respondent No. 4's application was prior to that of the petitioner. The respondent No. 4's application is not on the record and the petitioner's application is there but respondent No. 4's application finds reference in the judgments of the tribunals below and it has now been proved under question of fact that respondent No. 4 did make an application on 17 -11 -66 and got the receipt of the Tehsildar, Mines on that date. In the circumstances, therefore, it must be held that the application of respondent No. 4 was made prior to that of the petitioner. The rule must therefore, stand discharged without any order as to costs and I order accordingly.