Ajay Rastogi, J. - (1.) Instant petition has been filed by the petitioner seeking mandamus against the respondents to decide the application filed by the petitioner in accordance with Sec.11(2) of Mines & Minerals (Development & Regulation) Act,1957 ("Act,1957") and at the same time it has also been prayed that respondents may be restrained from invoking Sec.11(5) of the Act,1957.
(2.) It has been alleged in the instant petition that application for mineral silica sand for area measuring 187 hectares near village Shekhpura, Tehsil Sapotara, District Karauli was filed by the petitioner on 18.09.2008 to the Mining Engineer and certain deficiencies being pointed out on 17.02.2009 which the petitioner meted out and the revised map of 29.7185 hectares was submitted.
(3.) It has been further alleged that respondent-4 also filed two applications for ML No.17/09 & 18/09 for mineral silica sand for area measuring 45 hectares and 33.75 hectares and the area applied for by the petitioner was overlapping the area of the respondent-4 and certain departmental correspondence took place and a notice came to be issued to the petitioner & others on 06.01.2010 U/s 11(3) of the Act, 1957 and in the said notice reference has been made regarding memorandum of understanding which has been signed by the Government and respondent-4 wherein a request has been made to grant mining lease while exercising power U/s 11(5) of the Act,1957 and the petitioner pursuant to the notice dt.06.01.2010 submitted reply and apprehending that respondent might grant mining lease in favour of respondent-4 while invoking Sec.11(5) of the Act and that may cause prejudice and that is the basic cause to approach this Court by filing instant petition.;