DINESH MAHESHWARI,J. - (1.) BY way of this intra -court appeal, the appellant, who was not a party to the original writ petition (CWP No.5913/2003), seeks to question the order dated 15.07.2004, as passed by the learned Single Judge of this Court in disposal of the said writ petition.
(2.) IT is borne out from the record that in this appeal, an application seeking leave to appeal has, of course, been filed by the appellant but then, no order as such granting leave to appeal has been passed, though notices were ordered to be issued to the respondents on 23.08.2004; and this appeal was admitted for consideration on 26.03.2007. The subject matter of this appeal essentially relates to the question of grant of prospecting license and mining lease in respect of mineral Granite under the Rajasthan Minor Mineral Concession Rules, 1986 ('the Rules of 1986'). The Government had notified the procedure for such a grant in its Granite Policy of the year 1995 and later on in its Granite Policy of the year 2002, notified under the notification dated 02.03.2002. Without much dilatation on the different submissions sought to be made by the parties in this appeal, suffice would be to notice for the present purpose that the question of interpretation of Clause 16 of the New Granite Policy,i.e., the policy notified on 02.03.2002, as also an alleged clarificatory communication issued by the Dy. Secretary to the Government (Annex.5), had been the subject matter of consideration in the writ petition filed by the respondent No.7 Western Rajasthan Mining Vikas Sansthan, Jalore, said to be an association of the persons engaged in the business of mining and stating the grievance that the pending applications for grant of mining lease for mineral Granite were sought to be ignored in the name of the Policy in question, though the same were required to be decided in accord with the Policy.
(3.) IN the order impugned, the learned Single Judge has proceeded to consider the rival submissions; and in essence, while upholding the contentions urged on behalf of the writ -petitioner, has granted the principal relief in the following terms: "In that view of the matter, the writ petition is required to be disposed of, with the direction, that the applications received by the respondents, prior to commencement of the New Granite Policy, are required to be considered, in accordance with the provisions of clause 16 (1), and by not confining the consideration of such applications only, which are with respect to the "duly notified delineated plots." ;