MATHUR, J. - (1.) This matter has been referred to this Full Bench by Hon'ble the Chief Justice on account of the reference made by the learned single Judge by his order dated 2-2-1982, whereby the learned single Judge has referred the following four ques-tions for consideration of the Full Bench, which read as under :- "1. Whether under the Rules of 1977 in the lease of brick-earth, establishment of brick-kiln is also implied and if so whether subject matter of allotment of sites for establishment of brick-kilns is covered by the Rules of 1977 ?" "2. Whether the Rajasthan Colonisation Project Areas Brick Kiln (Lease) Conditions, 1966 only deal with the allotment of sites for the establishment of brick-kiln, a subject covered by Entry 18 of the List I of Sche-dule VII of the Constitution and as such are valid ?" 3. Whether the Rajasthan Colonisation Project Areas Brick Kiln (lease) Conditions, 1966 are beyond the authority of the State Government and as such are ultra vires of its powers ?" 4. Whether the view of this Court in Shiv-chand Goyal v. State of Rajasthan, 1967 Raj LW 30, that in the lease of brick earth granted under the Rajasthan Minor Mineral Con-cession Rules, 1977 framed under S. 15 of the Minor and Minerals (Regulation and Development) Act, 1957 the establishment of brick-kiln is implied is not good law, and if so whether establishment of brick-kiln is a subject not covered by Entry No. 54 of the List I (Union List) of Schedule VII of the Constitution and is covered by Entry 18 of List II of Schedule VII of the Constitution and as such the conditions of 1966 are valid ?"
(2.) Before we answer these questions, it will be necessary to refer the law on the subject as well as the brief facts giving rise to this controversy.
(3.) The petitioners Mohd. Bux and Ahmed Bux filed a writ petition praying that R. 4(3) of the Rajasthan Minor Mineral Concession Rules, 1977 may be declared unconstitutional and void and be struck down and the Mining Engineer, Bikaner may be directed to proceed with the petitioner's application for grant of the mining lease without a 'No Objection Certificate' from the Colonisation Commis-sioner and he may be directed to ignore Rule 4(3) of the Minor Mineral Concession Rules, 1977.;