JUDGEMENT
GOVIND MATHUR,J. -
(1.) The petitioner submitted an application dated 11.11.2002 as per Rule 5 of the Rajasthan Minor Mineral Concession Rules, 1986 (for short 'the Rules of 1986' hereinafter) for grant of a mining lease pertaining to minor mineral marble near Village Bamniya, Tehsil Salumbar, District Udaipur. During pendency of the application aforesaid, the Superintending Mining Engineer, Udaipur Circle, Udaipur vide an order dated 15.1.2004 rejected an application preferred by Shri Rodi Lal son of Shri Deving Meena under Rule 5 of the Rules of 1986 on the count that he failed to submit required No Objection Certificate from the Department of Forest, and also that the State Government vide circular dated 18.12.2000 imposed a ban for allotment of minor mineral mining leases in the scheduled area. Apprehending rejection of the application for the same reasons, the petitioner preferred this petition for writ.
(2.) A reply to the writ petition was filed by the respondents on 7.4.2005 stating therein that the writ petition deserves to be dismissed being pre-mature.
(3.) After filing reply to the writ petition, the application submitted by the petitioner was also dismissed on 17.5.2005 on the count that no mining lease could have been allotted in the scheduled area in the light of ban imposed by the State Government under circular dated 18.12.2000 and also for the reason that the required No Objection Certificate was not submitted.;
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