SANGEET LODHA,J. - (1.) By way of this writ petition, the petitioner is seeking directions to the respondents to issue the license in his favour for quarry no.657 situated in Keru Mining Area, Jodhpur.
(2.) The relevant facts are that on an application being made by the petitioner, he was allotted quarry no.657 in Mining Area Keru, vide order dated 26.6.99 issued by the Mining Engineer, Jodhpur. However, the orders allotting the quarry inter alia in favour of the petitioner were reviewed by the State Government suo moto on the ground that the allotted quarries fall within the catchment area of the traditional water resources and vide order dated 25.1.05 issued by the Deputy Secretary, Department of Mines, Government Rajasthan, the matter was remanded to the Additional Director, Mines, for review of the allotment made, keeping in view the report submitted by the committee headed by the District Collector, Jodhpur. According to the petitioner, vide order dated 4.5.07 passed by the Additional Director, the allotment of the quarry made in his favour was directed to be restored and therefore, the respondents were under an obligation to issue the quarry license pursuant thereto. But the fact remains that no quarry license has been issued in favour of the petitioner, yet he started mining operation unauthorisedly. That apart, admittedly, the petitioner has already preferred a civil suit for permanent injunction accompanied by an application under Order 39, Rule 1 and 2, CPC before the Additional Civil Judge, Jodhpur District, Jodhpur, seeking injunction in terms that the excavation of mineral undertaken by him in quarry no.657 may not be interfered with.
(3.) A reply to the writ petition has been filed on behalf of the respondents, taking the stand that mere allotment order being issued, does not create any right in favour of the allottees to undertake the mining. It is submitted that after the allotment, the mining area is required to be demarcated and the allottee is required to deposit the requisite charges within a period of one month and thereafter the quarry license to operate the mine is issued. It is submitted that the petitioner failed to do so and no quarry license was issued in his favour. It is submitted that the petitioner has started mining operation unauthorisedly and therefore, the proceedings have been initiated against him by issuing a notice dated 9.7.06.;