- (1.) INSTANT petition has been filed by the petitioner primarily with the grievance that mining lease allotted to him was originally of 5 hectares situated at Group-9, plot No.2 near Gram Sirrondh, Tehsil Roopwas, District Bharatpur but some part thereof which was in terms of the mining lease being prohibited area, that was parted with by the Tehsildar and the area now available with the petitioner is 4.49 hectares and despite the representation made the fact (supra) has not been taken note of by the competent authority of the mining department, in absence whereof 'ravanna' has not been issued and that deprives the petitioner to hold mining operations, which has compelled him to approach this Court by filing the instant petition.
(2.) COUNSEL for petitioner has brought to the notice of this Court the notification dt.26.02.1996 (Annx.13) which was issued by the department in continuation of earlier notification dt.22.04.1994 in exercise of power conferred by R.II of the Mineral Concession Rules,1986 notifying that where the area available for grant of mining lease of sandstone is less than 5 hectares the same may also be considered but in no case it shall be less than 1 hectare. Counsel for petitioner further submits that even after the mining area being parted with by the competent authority, the total area made available to him is 4.49 hectares, still he is entitled to continue mining operations over the area which is available with him and he undertakes to hold mining operations only in the limited area available to him after being part with by the competent authority. It has also been prayed that this Court may direct the competent authority to decide the representation which he has submitted for issuance of 'ravanna' which is still pending and has compelled the petitioner to approach this Court by filing the instant petition. The order which has been made impugned in the instant petition dt.04th May,2010 issued from the office of Mining Engineer, Bharatpur it too discloses that department has no objection if the petitioner continues to hold mining operation except the area which is prohibited but it appears that his grievance is that in absence of order being passed by the department of mines and ravannas are issued to him, it will not be possible for the petitioner to undertake mining operations. The notification dt.26.02.1996 reads ad infra: GOVERNMENT OF RAJASTHAN Mines (Gr.II) Department No.F-15(24)Khan/Gr.II/91 Jaipur dt.Feb.26,1996 NOTIFICATION In continuation of this Department Notification dated April 22,1994 and in exercise of the powers conferred by rule II of the Rajasthan Minor Mineral Concession Rules,1986, it is hereby notified that where the area available for grant of mining lease of sandstone is less than 5 hectares, mining lease may be granted for area less than 5 hectares but in no case the area shall be less than one hectare.
(3.) IT emerges from the notification (supra) that the mining area upto 1 hectare regarding sand stone one is entitled for grant of mining lease having minimum prescribed area for sand stone. IT has also been informed that power for grant of mining lease can be exercised U/r 18(xviii) of the Minor Mineral Concession Rules,1986 by the Superintending Mining Engineer. Taking note of the submissions made and the notification (supra), this Court considers it appropriate that the petitioner may make representation to the Superintending Mining Engineer, Bharatpur apprising the grievance which he has raised in the instant petition within two weeks and if such representation is made, the authority may examine and decide by passing reasoned order within four weeks thereafter and decision may be communicated to the petitioner, who if still feels aggrieved will be at liberty to avail remedy under the law.;