- (1.) THIS Special Appeal by leave is directed against the order dated 03.01.2009 as passed by the learned Single Judge of this Court in CWP No.4365/2009. The appellant of this appeal had not been a party to the writ petition but while stating itself being a directly affected party, sought permission to maintain this appeal; and the permission as sought for was granted on 27.08.2010 after due notice to the parties to the writ petition.
(2.) AFTER having heard the learned counsel appearing in this matter for the appellant and the respondent No.1, (petitioner No.1 in the writ petition) and so also the learned Government Counsel for the respondents Nos. 4 to 7 (respondents Nos. 1 to 4 in the writ petition), we have formed an opinion that the matter deserves reconsideration by the learned Single Judge of this Court with addition of the present appellant as a respondent in the writ petition. In the aforesaid view of the matter, we do not propose to dilate on all the contentious issues sought to be raised in the matter and would prefer to place the entire matter for reconsideration by the learned Single Judge. Hence, only a brief reference to the background aspects, so far relevant for the present purpose, would suffice.
(3.) THE writ petition leading to this appeal (CWP No.4365/1997) was filed by the respondents Nos. 1 to 3 of this appeal stating their grievance against the order dated 14.08.1997 (Annex.5) as issued by the Superintending Mining Engineer, Udaipur Circle, Udaipur allotting a mining area admeasuring 17037.057 sq. meters near village Nizarna, Tehsil and District Rajsamand in favour of M/s. Swastik Marbles, Rajsamand (respondent No.5 of the writ petition).;