- (1.) WE have heard learned counsel for the parties.
(2.) THIS writ petition has been filed in the public interest with the following prayers: "10. Relief(s) prayed for: It is therefore, humbly prayed that this petition in the form of Public Interest Litigation may kindly be allowed. By issuing an appropriate writ order or direction; i) The respondents may kindly be ordered to stop any kind of mining activity in the Khasra No.1 of Village Boyal Tehsil Sojat City Dist.Pali which is recorded and has been using as Gochar Land. ii) The State may further be directed to investigate into and to ascertain the damage/loss inflicted on the land, people, animal of the region; and cause reparation. iii) The cost of the writ petition may kindly be awarded in favour of the petitioner. iv) Any other writ, order or direction which your Lordship may deem just and proper in the facts and circumstances stated above, in favour of the petitioner may kindly be allowed."
(3.) THE pleadings have been exchanged. In pursuance of the order of this court dt.1.4.2015, the original record has been produced, which shows the deep and pervasive corruption prevailing in the office of the Mining Department. The mining lease No.36/85 of which an area fell into two villages viz; Khasra No.1 in village Boyal and Khasra Nos.248 to 254 in village Basna in Tehsil Sojat City, District Pali, was the subject matter of the enquiry by the Collector, Pali in the Revenue Application No.8/1986 made by the villagers of village Boyal and Gadoliya Luhar Samiti, Sojat through Puna Ram against Prakash Chandra s/o Ram Chandra Bhati r/o Sojat City. The Collector, Pali, in his order dated 18.8.1986 found that the land in Khasra No.1 in village Boyal is a pasture land on which the lease could not have been granted. After hearing both the parties, he recorded the finding that the lease in Khasra No.1 in village Boyal was null and void from the very beginning and it did not give any rights to the lessee. He further held that despite his order, if the lessee tries to take possession or carry out the mining operations, steps will be taken to remove the encroachments and that the Mining Department will be intimated for cancellation of the lease.;