SHARVAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant appeal, appellant-plaintiff has challenged judgment dtd. 8/8/2013, passed by Additional District Judge No. 1, Bhilwara (for short, 'learned lower appellate Court'), whereby, learned lower appellate Court, while dismissing the appeal of the appellant has affirmed judgment and decree dtd. 13/10/2006, passed by Civil Judge (Junior Division), West, Bhilwara (for short, 'learned trial Court') dismissing his suit for declaration and permanent injunction.

(2.) The facts, in brief, are that appellant-plaintiff filed a suit for declaration and injunction, inter-alia, on the ground that his application for grant of quarry licence is repudiated by the respondent-Mining Department in gross violation of principles of natural justice despite order dtd. 7/12/1994, passed by Deputy Secretary, Mining Department, Rajasthan remanding the matter back. It is, inter-alia, averred in the plaint that when the original allottee-Hari Shankar failed to comply with the requisite formalities, allotment of quarry, was cancelled and that situation facilitated regrant of the said quarry.

(3.) The suit is contested by respondents by filing written statement. In the return, it is inter-alia, averred that the application submitted by appellant was premature, inasmuch as, after cancellation of allotment to Hari Shankar in adherence of Rule 27C of the Rajasthan Minor Mineral Concession Rules, 1986, no notification was published inviting the quarry for re-grant, and therefore, in the interregnum, application submitted by appellant was premature.