- (1.) Both the learned counsel for the parties agreed that the controversy involved is squarely covered by this Court's decision in S.B. Civil Writ Petition No.4359/2004 (Bakhtawar Singh Vs. State of Raj. & Ors.) decided on 11.04.2007 wherein the Court directed the respondents to consider the application of the petitioner for grant of mining lease in accordance with the Notification dated 23.02.1998.
(2.) The operative part of the judgment is reproduced hereunder: "In the present writ petition, neither the respondents have placed on record any specific policy decision of the State Government nor have the respondents pointed out that after issuance of notification dated 23.02.1998 any policy decision has been taken, therefore, the respondent department is under obligation to consider the applications filed in pursuance of notification dated 23.02.1998 by inter alia the petitioner within the parameters of notification dated 23.02.1998 in consonance with the provisions of law and, thereafter, pass appropriate orders. In the present case, if the petitioner is otherwise eligible and his application, upon consideration by the concerned authority under the notification dated 23.02.1998, succeeds, I see no reason why the petitioner's application should be rejected for any ground not available to the respondents. Consequently, the present writ petition is allowed. The impugned order dated 09.08.2004 (Annex.5 to the writ petition) is quashed and set aside. The application of the petitioner shall be considered while ignoring letter dated 18.08.1981 for grant of mining lease for mineral dolomite by the respondents strictly within the parameters of notification dated 23.02.1998 in pursuance of which it is filed, in accordance with law and appropriate orders shall be passed within two months from today."
(3.) In view of the aforesaid agreement of the parties, this writ petition also stands disposed of with the same directions.;