PUKH RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The only point for determination in these connected special appeals under Section 18 of the Rajasthan High Court Ordinance is whether the notification dated Dec. 27, 1977, issued by the State Government in exercise of powers conferred under Rule 63 of the Rajasthan Minor Mineral Concession Rules, 1977, (which will hereinafter referred to as the Rules) is void and the leases of the stone quarries granted in pursuance of the said notification are liable to be set aside? The learned single Judge has allowed the writ petitions and struck down the notification as well as the leases granted in pursuance thereof and hence these appeals.

(2.) In order to appreciate the points canvassed before us we may refer to the relevant provisions of the Mines and Minerals (Regulation and Development) Act 16 of 1957, (which hereinafter will be referred to as the Act). Section 15 confers powers on State Government to make rules in respect of minor minerals and lays down that the State Government may, by notification in the Official Gazette, make rules regulating the grant of prospective leases and mining leases in respect of minor minerals and for purposes connected therewith. In exercise of the powers conferred by the aforesaid section, the Government of Rajasthan made the Rajasthan Minor Mineral Concession Rules, 1977. Rule 29 (1), which has been relaxed by the Government by the impugned notification, reads as under:-

(3.) Mr. H.M. Parekh, learned counsel for the appellants, has pressed the preliminary objection as to the maintainability of the writ petitions before us. He has urged that since the respondent-petitioners had1 participated in drawing of lots and had taken chance for allotment in the impugned proceedings of drawing of lots, they cannot be allowed to question the validity of the notification by filing writ petitions. The second preliminary objection raised by Mr. Parekh is that the petitioners had availed of the alternative remedy of appeal which had not been decided and at any rate, there was further remedy by way of revision to the Central Government available to them and, therefore, the writ petitions were not enter-tainable.