R.R.YADAV, J. - (1.) THE petitioner by filing the present writ petition questions cancellation of his quarry licence, Anx. 1, by Assistant Mining Engineer, Bijolia District Bhilwara vide his order dated 3.1.1989, Anx.2 to the writ petition.
(2.) BRIEF facts leading upto filing of the present writ petition are that the quarry licence to quarry No. 81, Sukhpura 'C boundary was renewed on 9.12.1988 for a period upto 31.12.1989. It is averred in the writ petition that the petitioner received on 10.1.1989 an order from the Assistant Mining Engineer, respondent No. 2, dated 3.1.1989, Anx.2, cancelling his quarry licence without giving any notice to him as envisaged under Sub -rule (2) of Rule 30 of the Rajasthan Minor Mineral Concession Rules, 1986 (hereinafter referred as the 'Rules of 1986'). After service of notices a joint return has been filed on behalf of the respondents denying the averments made in the writ petition. It is averred in the reply filed on behalf of the respondents that under the provisions of Sub -rule (2) of Rule 29 of the Rules of 1986 a quarry licence can be cancelled by the Mining Engineer/Assistant Mining Engineer without giving any notice if the licensee fails to start work at the said quarry or does not work it for a continuous period of three months without obtaining prior approval of Mining Engineer/Assistant Mining Engineer. It is further stated in the reply that in the present case Assistant Mining Engineer, Bijolia District Bhilwara made a local inspection on 28.12.1988 and found that the petitioner did not work the quarry for a continous period of six months, therefore, his quarry licence was cancelled under Sub -rule (2) of Rule 29 of the Rules of 1986 without giving opportunity of hearing to the petitioner.
(3.) I have heard the learned Counsel for the parties. Perused the materials available on record.;