GULAB Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-8-30
HIGH COURT OF RAJASTHAN
Decided on August 19,2013

GULAB Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

ARUN BHANSALI, DINESH MAHESHWARI, JJ. - (1.) THOUGH nobody is present for either of the parties but, upon perusal of the record, it is noticed that in this writ petition, essentially the petitioner has put to question the notification dated 03.04.2013 as issued by the State Government bringing out amendment in the Rajasthan Minor Mineral Concession Rules, 1986 ('the Rules of 1986') particularly to the extent it was sought to be applied upon the pending applications for grant of mining lease/licence.
(2.) CONSIDERATION of this matter was deferred earlier in view of the fact that the very same notification dated 03.04.2013 was already under challenge in identical matters wherein arguments had been heard by a co-ordinate Bench and order was awaited. It is noticed that the awaited order was ultimately pronounced on 31.07.2013 in a batch of petitions led by DB CWP No.4241/2013: Federation of Sand Stone Mining Industries Association & Ors. Vs. State of Rajasthan & Ors. wherein, the co-ordinate Bench held the amendment made in sub-rule (10) of Rule 4 and sub-rule (3) of Rule 7 of the Rules of 1986 to be illegal to the extent it provided for rejection of pending applications. The co-ordinate Bench, inter alia, held as under:- "Therefore, impugned amendment dated 03.04.2013 made in sub-rule (10) of Rule 4 and Rule 7(3) of the Rules of 1986 are hereby declared illegal to the extent of rejection of the pending applications and it is directed that all the pending applications filed upto 27.01.2011 shall be decided in accordance with law prevailing prior to issuance of impugned notification dated 03.04.2013........"
(3.) THE matter being concluded so far this Court is concerned by the aforesaid order dated 31.07.2013, it appears appropriate and in the interest of justice that this matter be also disposed of in the same terms; and there does not appear any necessity to keep this matter pending any further.;


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