Imam, J. - (1.) These two petitions under Article 32 of the Constitution have been heard together as the question for decision is the same in both of them. It is claimed by the petitioners that their fundamental rights had been infringed by the leasing out of an area of land in Abu Road Taluka to Messrs Jeewan and Sons, Respondent No. 3 for a term of 20 years whereby the latter were permitted to excavate lime-stone. This was done without inviting any application or tender for the same or the holding of any auction and without notice to the public or to any lime-stone merchants or railway contractors. The petitioners had been excavating lime-stone for many years in Abu Road Taluka previous to the aforesaid lease. They had also leases for lime-kilns for lime burning for the past 10 years. They were informed that they would not be granted permission to excavate lime-stone nor would their leases for their lime-kilns be renewed but would be allotted suitable lands from certain survey number from Akra village.
(2.) On behalf of the petitioners it was contended that by the granting of the lease to Respondent No. 3 a monopoly was created. It was further contended that during the pendency of their lease for the lime-kilns they were served with peremptory notice directing them to close their lime-kilns within 24 hours, and that by this action of the Government their fundamental rights to hold property and carry on their business had been violated.
(3.) It is difficult to comprehend, having regard to the facts, how any fundamental rights of the petitioners had been infringed by the granting of the above-mentioned lease to Respondent No. 3. The area ultimately leased to Respondent No. 3 contains no portion which was previously in the lease of the petitioners. The Government as owners of the land with its minerals was 'prima facie' entitled to lease it out to Respondent No. 3 and the petitioners have been unable to show under what authority of law they, had a right to have that area leased out to them instead of Respondent No.3. The action of the Government in granting the lease to Respondent No. 3 cannot in the circumstances of the case be regarded as one by which monopoly of lime-stone business was given to Respondent No. 3 as contended on behalf of the petitioners.;