JEEVA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER has filed the instant writ petition for quashing the order dated 19.10.1987 Annx. 3 to the writ petition passed by the Tehsildar, Bhinmal District Jalore (respondent No. 3.)

(2.) FACTS of the Present case are not disputed upto this extent that the petitioner was granted a short term permit under Rule 63 of the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred to as 'the Rules of 1986') by the Mining Engineer, Sirohi for extracting and removing 200 tonnes of earth clay from Khasra No. 261 of village Tawab, District Jalore for which he had paid Rs. 300/ - at the rate of Rs. 1.50 per ton, photostat whereof is filed and marked as Annx. 1 to the writ petition.

(3.) IT is argued by the learned Counsel for the petitioner Mr. M.L. Shreemali that it is inconceivable that a person who has been granted short term permit under Rule 63 of the Rules of 1986 to quarry the brick earth has no right to construct the kiln to utilize the mineral for the purposes of making bricks. In support of his contention, learned Counsel for the petitioner placed reliance on a decision rendered by Division Bench of this Court in case of Shiv Chand v. State of Rajasthan reported in 1966 ILR (Raj) 1063.