- (1.)THIS is a writ petition under Article 226 of the Constitution.
(2.)A lease for stone quarry No. 11. 19 in Fidusar area, Tehsil Jodhpur, was granted to the petitioner on 28th April, 1964, by the Mining Engineer, Jodhpur. Shrimati kaushaliya Devi, respondent No. 2, filed an appeal against the aforesaid order to the Director of Mines and Geology. The appeal was dismissed on 18th June, 1964. Respondent No. 2 preferred an appeal to the Government of Rajasthan, Jaipur, under Rule 43 (2) of the Rajasthan Minor Mineral Concession Rules, 1959 (hereinafter called the Rules ). This appeal was heard by the Secretary to the government of Rajastnan, Industries and Mines Department. On 33th January, 1966, he submitted a note for approval to the Minister Incharge of thai department stating therein that the lease of the quarry in question be granted to shrimati Kaushaliya Devi as her application was received earlier than that of the petitioner. In the note he took notice of the arguments addressed by counsel for the parties. On 26th January, 1966, the Minister Incharge signed the note thus signifying his approval thereof.
(3.)IN compliance with the aforesaid order, instructions were sent to the Director of mines and Geology vide Ex. 4, a copy of which was sent to the petitioner. On receiving a copy of Ex. 4, the petitioner has filed this writ petition and the main ground taken by him in this writ application for challenging the order of the State government is that the Secretary of the Industries and Mines Department had no authority to give a hearing of the appeal and that the Minister Incharge of the department decided the appeal without giving a hearing.
;