- (1.) Heard on the stay application.
(2.) Mr. R.N. Mathur, Sr. Advocate with Mr. Lokesh Sharma appearing for the petitioners has submitted that village Tripura Sundari, Tehsil in District Banswara is a Scheduled Area in terms of the Presidential Declaration issued on 12.02.1980. It has been submitted that in view of the area being a Scheduled Area as aforesaid, no mining lease to a non-scheduled tribe person could be granted by the State Government. Reference is made to Fifth Schedule of the Constitution of India as also Article 244 thereof as interpreted by the Hon'ble Supreme Court in the case of Samtha Vs. State of A.P. & Ors., 1997 8 SCC 191 to contend that the respondents who are non-scheduled tribe persons could not have been considered for grant of a mining lease in such area.
(3.) I have heard the counsel for the petitioners and the respondents-caveators, who have filed reply to the petition.;