JUDGEMENT
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(1.) Heard learned counsel for the petitioner.
(2.) The present litigation has long
chequered history. The petitioner is claiming that a quarry license was granted to the
petitioner for plot No. 83 as back as in 1956.
According to the petitioner, license was renewed from time to time and presently, the
license is valid upto 31-12-2009. It is also
submitted that vide order dated 5-2-1980,
plot area of the petitioner's plot was increased to 12758 square feet.
(3.) Teja Ram, father of respondent No. 8
had quarry license for plot No. 75 measuring 140 x 190 feet.
According to the petitioner, said Teja Ram became hostile against
the petitioner and started creating obstruction in the working of petitioner on plot
No. 83. Teja Ram also preferred an appeal
before the Additional Director of Mines
against the extension of area licensed to the
petitioner but the same was dismissed vide
order dated 4-1-1982. Appeal against the
order dated 4-1-1982 was dismissed by
State Government on 8-2-1984. The revision petition filed against
the aforesaid orders before the Government of India was also
dismissed vide order dated 25-9-1985. Not
satisfied with all these orders, said Teja Ram
preferred writ petition before this Court being S. B. Civil Writ Petition No. 2489/1985
which was also dismissed vide order dated
11-2-1986. Not only this, Teja Ram also filed
a suit in the Court of Munsif, Makrana challenging the extension of the area covered by
the quarry license of the petitioner but this
suit was withdrawn by Teja Ram by saying
that he has filed revision petition to the
Central Government. The civil suit was, therefore,
dismissed as withdrawn on 16-5-1985.;
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