Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) FACTS of the case are that Marble Policy has been framed by the State Govt. by issuing Notification dated 1.3.2002 exercising powers conferred under Rule 65 -A of the Rajasthan Minor Mineral Concession Rules, 1986. According to petitioner, as per Sub -clause (5) of Clause 13 of the Marble Policy, 2002 where the Govt. land is available, a strip of land upto 100 mtrs. wide is requried to be kept reserved around the existing mining boundaries for allotment to the adjoining lessees/quarry licensees to facilitate increase in the size of existing mining lease/quarry licence. It is also provided in Sub -clause (5) that the area of the strip shall be allotted to the adjoining lessees/licensees by application on merit and may be added to their existing mining lease/quarry licence. It is stated that M/s. J.K. Marbles and Minerals was holding an industrial plot near the petitioner's mining lease Plot No. 23. M/s. J.K. Marbles and Minerals submitted an application on 3.10.2002 before the District Collector, Rajsamand and prayed that they want to surrender the above land upon which the District Collector, Rajsamand passed the appropriate order permitting surrender of the land in favour of the State Govt. vide order dated 5.10.2002, copy of which is placed on record as Annexure 5. It is stated that the petitioner is only to whom the land can be allotted as per Marble Policy 2002 but the District Collector proceeded to grant a No Objection Certificate in favour of M/s. Arora's J.K. Natural Marbles Limited, Morwad. Copy of this sanction dated 5.10.2002 is placed on record as Annexure -6. It is further stated that since the petitioner is entitled for allotment of the leased land which was surrendered by M/s. J.K. Marbles and Minerals, therefore, it submitted an application on 14.10.2002 for mining lease/renewal of mining lease for which a receipt was issued by the Mining Department of the State Govt., copy of which is placed on record as Annexure 7. It is stated by the petitioner that though the petitioner submitted the application for grant of mining lease as per Clause 13 of the Mining Policy on 14.10.2002 and which has been processed by the respondent No. 3 but petitioner came to know that efforts are being made to grant the mining lease to another person or it may be allotted again for industrial use to someone else. The petitioner, on these facts, challenges firstly inaction in the matter to process and grant mining lease in favour of the petitioner and then action of the respondents by which the respondents want to allot the land in dispute to anybody else other than the petitioner. The petitioner has prayed that appropriate writ, order or direction may be issued to the respondents directing them to consider and allow the application filed by the petitioner on 14.10.2002 for grant of mining lease in terms of Para 13(5) of the Marble Policy 2002 for an area measuring 8428 sq. mtrs. of land adjoining to the plot No. 23 of the petitioner and has also prayed that respondents No. 1 to 4 may be restrained from allotting the land covered by the application of the petitioner to any other person either by way of granting mining lease or for any other purpose.
(3.) AN application was submitted for being impleaded as party by M/s. Arora's J.K. Natural Marbles Ltd., which was allowed by this Court by order dated 12.11.2002 and the notices were served upon the learned counsel Shri R.L. Jangid, who appears for respondents No. 1 to 4.;