KUSUM KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two writ petitions by Smt. Kusum Kumari Nalwaya, relate to the grant of prospecting licence for soap stone under the Minor Mineral Concession Rules, 1960.

(2.) IT appears that the petitioner had on 19.11.69 made an application for grant of a prospecting licence for soap stone over an area of 4266.666 acres or 1726.676 hectacres in village Danti Kheda, Tehsil Aspur, Dungarpur. By letter dated 17 -11 -1970, the State Government intimated the petitioner that application for prospecting licence, was rejected inasmuch as the area in question had been reserved for investigation by the Geological Survey of India for lead and zinc. This was by virtue of the notification dated 11.9.1969, issued by the Stale Government in that behalf, which was published in the Rajasthan Rajpatra dated 9.4.1970, Being aggrieved, the petitioner went in revision to the Central Government tinder Rule 54 of the Mineral Concession Rules, 1960.

(3.) THE petitioner, if she was aggrieved by the grant of a prospecting licence in favour of respondent No. 4 by the Director of Mines and Geology Rajasthan, had the remedy of an appeal to the State Government under Rule 43 of the Rajasthan Minor Mineral Concession Rules 1960. But the petitioner instead of pursuing the remedy of an appeal, has straight away filed this writ petition.