- (1.) THE Mining Engineer, Sojat City by the office order dated 06th January 2010 while exercising powers under rule 8 of the Rajasthan Minor Mineral Concession Rules, 1986 {herein after referred to as 'the MMCR 1986'} cancelled the application submitted by the petitioner to have mining lease. Being aggrieved by the same, he preferred an appeal as per provisions of rule 43 of the MMCR 1986. The appeal came to be rejected on 06th May 2013 in view of Government of Rajasthan's notification dated 03rd April 2013. By the notification aforesaid, an amendment was introduced in rule 4(10) of the MMCR 1986. As per rule 4(10), no mining lease in Government land including forest land for which diversion is granted by the Central Government under the Forest (Conservation) Act, 1980, shall be granted on an application by the applicant unless the area is delineated and applications are invited by the Government. By the same provision, all the applications which were presented relating to Government land up to 27th January 2011 except the application presented by person having preferential right under rule 3N or sub -rule (1) of rule 11, in respect of which lease deed as per rule 19 has not been executed, stood rejected.
(2.) IN view of the provision aforesaid, the appellate authority dismissed the appeal without entering into merits on the count that even in the event of examining merits no useful purpose would be served in the light of sub -rule (10) of rule 4 of the MMCR 1986. It is pointed out by the learned counsel for the parties that sub -rule (10) of rule 4 of the MMCR 1986 has already been declared illegal and as such set aside by a Division Bench of this Court in DBCWP No. 4241/2013, decided on 31st July 2013. In view of this factual position, the appellate authority is required to examine merits of the appeal preferred by the petitioner, at its own merits. The writ petition, thus, deserves acceptance. Accordingly, the same is allowed. The order dated 06th May 2013 passed by the Additional Director (Mines), Jodhpur Zone, Department of Mines & Geology in Appeal No. 52/2010 - Smt. Sulochana Jain v. Mining Engineer, Sojat City is declared illegal and quashed. The appeal referred above is restored and the appellate authority is required to adjudicate the same at its own merits.;