- (1.) WITH the consent and at the request of the learned counsel for the parties, the matter has been taken up for final disposal at this stage itself.
(2.) 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 on the pending applications for grant of mining lease/licence. It is also noticed that the very same Notification dated 03.04.2013 was under challenge 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, a co - ordinate Bench in its order dated 31.07.2013 has 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 has, 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 position aforesaid and the relevant observations as made in the order dated 31.07.2013 directly apply to the present case too.;