Alok Sharma, J. - (1.) THE two writ petitions are being decided by this common Judgment as they arise from the same proceedings pertaining to cancellation of quarry licence No. 70/2002 vide order dated 21.4.2007 passed by the Mining Engineer, Makrana for alleged deficiencies in the course of mining operations by the licencee Jabir Hussain following the transfer of quarry licence to him from Abdul Jabbar and endorsed at the relevant time by the Mining Department on 3.12.1988.
(2.) THE facts of the case are that in respect of quarry licence No. 70/2002 on an application for transfer of quarry licence at the instance of Abdul Jabbar, it was transferred in the name of Jabir Hussain on 3.12.1988. The said transfer of the quarry licence was put to challenge by Abdul Jabbar after about 18 years by filing a suit No. 5/2006 for declaration and permanent injunction before the Civil Judge (Sr. Division), Makrana. An accompanying application for appointment of Receiver under Order 40 Rule 1 CPC was dismissed on 5.5.2006. The suit is pending. Thereafter on a notice dated 28.10.2006 issued by the Mining Department to Jabir Hussain to show cause as to why the transfer of the quarry licence on 3.12.1988 not be cancelled for the purported reason of the application for transfer of quarry licence prima facie not bearing Abdul Jabbar's signature, Jabir Hussain in his turn laid a suit No. 11/2006 for permanent injunction before the Civil Judge (Sr. Division) Makrana. His accompanying application under Order 39 Rules 1 & 2 CPC was allowed on 20.1.2007 and an order of injunction passed in his favour. The said order however, clarified that in the event of deficiencies in the mining operations pursuant to the quarry licence standing to Jabir Hussain's name, resort to MMCR, 1986 could be had by the Mining Department. The order dated 20.1.2007 was put to challenge in a civil misc. appeal, a writ petition under under Article 227 of the Constitution of India and a SLP before the Hon'ble Apex Court but to no avail.
(3.) HOWEVER pursuant to the liberty granted by the Civil Judge (Sr. Division), Makrana in the order dated 20.1.2007, a notice dated 30.3.2007 was issued by the Mining Engineer, Makrana to Jabir Hussain alleging deficiencies in the mining operations in the quarry licence operation. A reminder was sent on 4.4.2007. Reply to the notice was filed on 17.4.2007. However vide order dated 21.4.2007 the Mining Engineer, Makrana finding the reply unsatisfactory cancelled the quarry licence. It is the case of the Mining Department that the possession of the quarry licence area was consequently taken on 23.4.2007, although Jabir Hussain states that the prescribed procedure for taking possession of the quarry licence area was not followed, no notice was given to him, that he continued in possession and he was not physically dispossessed from the quarry licence area.;