Dinesh Mehta, J. - (1.) C S A No. 216/2017: The present appeal under Section 100 of the Code of Civil Procedure, 1908, has been preferred by the Mining Engineer and State, laying challenge to the judgment and decree dated 19.12.2016 passed by the learned District Judge, Jodhpur (hereinafter referred to as the "Appellate Court") in Civil Appeal No. 7/2014 (CIS No. 159/2014) vide which, the judgment and decree dated 13.02.2014 passed by the learned Civil Judge (Junior Division), Jodhpur District (hereinafter referred to as the "Trial Court") in Civil Original Suit No. 78/2011 (203/2007), has been set aside/modified.
(2.) The facts, relevant for the purpose of deciding the present second appeal, in nutshell, are that the plaintiff - Smt. Gayatri Devi (respondent No.1 herein) had filed a suit, seeking mandatory injunction in relation to the Quarry No. 84 of Bhuri Beri, inter alia, stating that the Mining Engineer had notified Quarry No. 84 of Bhuri Beri and invited applications for grant of quarry license and one Luvjeet Singh Sankhla was granted quarry license on 19.10.1983. It is a matter of record that Luvjeet Singh Sankhla later on surrendered his quarry license on 28.07.1987.
(3.) Subsequent thereto, the plaintiff filed an application for grant of quarry license for Quarry No. 84 of Bhuri Beri on 22.08.1995. The area in question came to be re-notified for grant of quarry license, vide Notification dated 19.02.1996 and by the said Notification, all the applications filed prior to the date of the said Notification including the plaintiff's application were rejected. Against rejection of her application, the plaintiff preferred an appeal before the Additional Director (Mines) ('Appellate Authority') under the provisions of the Rajasthan Minor Mineral Concession Rules, 1986, which appeal came to be allowed by the Appellate Authority, vide its order dated 07.06.1996. The Appellate Authority, while allowing the appeal filed by the plaintiff, remanded the matter back to the Mining Engineer categorically holding that as the quarry license had been surrendered, there was no necessity of re-notifying the area, observing as under:- TABLE NOT FOUND;