GIRDHARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter comes up on an application filed by the respondent no. 6 seeking vacation of interim order dated 5/1/2017 passed by this Court, whereby, the respondents were directed not to permit excavation of mineral 'Bajri' from the land comprising in Khasra No. 399-400 and it was made the responsibility of respondent nos. 2 and 3 to ensure that no excavation of mineral is made from the land in question.

(2.) At the request of learned counsel for the parties, the matter was finally heard.

(3.) This writ petition has been filed by the petitioner claiming himself to be a permanent resident of village Aalaniya Bas, Tehsil Riyan Badi, District Nagaur. It is claimed that the petitioner was seeking to espouse the cause against misuse of public property and for protection of environment, rivers and 'Bajri' of the area. It is inter alia alleged in the writ petition that licence was granted to respondent no.6 on 19/12/2013 and conditions whereof were being violated by him. It is alleged that the various complaints and representations were made to the Collector and other authorities regarding the misuse of the licence and that mining activity was being conducted in the area other than Khasra No. 399-400. Reliance has been placed on 'Seema-Gyan' report dated 4/12/2015 indicating the status of mining activity and it is alleged that the same reflects illegal mining. It is further indicated in the writ petition that the land of Khasra No.399-400 is 'Gochar' land and, therefore, no licence could have been granted for mining. Based on the said submissions, a prayer was made to stop mining in village Aalaniyha Bas, Tehsil Riyan Badi, District Nagaur and for taking action against respondent no.6.