- (1.) THIS is a petition by Chowdhary B. S. Jakhar under Article 226 of the constitution of India.
(2.) ACCORDING to the petition, the petitioner was permitted to quarry Bajri in the area of three plots measuring 200' x 200', 100' x 50' and 100' x 50' in vil-lage pamari Pichupara, Tehsil Baswa in district Jaipur in accordance with the lease agreement under the Rajas than Minor Mineral Concession Rules, 1955 (hereinafter to be referred to as the Rules ). This permission was upto the 31st of march, 1958, and it was under rule 57 (2) of the Rules under annual quarry leases. In the next year the petitioner applied for permit for 3 plots measuring an area of 400'x400', but the same area was delineated into 12 plots or' 200'x200' each and the petitioner was again permitted to quarry in the area of these 12 plots in accordance with a lease agreement. The petitioner says that the permission is valid upto 31-3-1959 and the highest rent at the rate of Rs. 48/- per plot has been charged from him which he has already paid in full. The petition proceeds that the petitioner was quarrying Bajri from the area of the aforesaid 12 plots delineated on the spot, but on 4-8-1958, he received an order dated 21-7-1958, from the Mining Engineer, Department of mines and Geology, Government of Rajasthan, Jaipur Division, Jaipur, informing the petitioner that the said Engineer had been directed to cancel the permit of the petitioner which was No. 21071 dated 10-5-1958, with immediate effect. The petitioner says that the reason given for cancellation is that the area has not been delineated in regular small plots previously approved by the Director of Mines and Geology (hereinafter to be referred to as the Director) as required by rule 57 of the Rules. The petitioner challenges the said order (Ex. 2) dated 21-7-1958 (hereinafter to be referred to as the impugned order) as illegal on the following grounds: (1) The petitioner was not allowed an opportunity of showing cause before the said order was pass-ed, (2) the reason given in the impugned order is wrong and against the contents of the permit Ex. 1, and (3) the plots were delineated on the spot. The petitioner says that the impugned order is under the directions of the Government of Rajasthan and therefore he has no right of appeal and there being no adequate and efficacious remedy available to him, he has approached this Court to obtain a writ, direction or order quashing the impugned order.
(3.) ON behalf of the State a written statement has been filed. It has been admitted that the petitioner had been given a lease of the three plots mentioned in para 1 of his petition under the previous order. But it has been added that they were leased out to the petitioner under a mistake or error apparent on the face of the record and that that mistake could not be rectified in time and the petitioner thus worked out the lease. As regards the permission for the next year, i. e. upto 31-31959, it has been stated that the petitioner had himself delineated 12 big plots measuring 200'x200' each and applied for permission to quarry in all these 12 plots and that a permission was given by the Mining Engineer vide permit No. 21071 dated 10-5-1958. It has been added that no lease agreement was entered into and later on it was revealed that small regular plots for which a permit under rule 57 (2) of the Rules could be given should have been delineated by the Director in minor mineral areas for the purpose of granting fixed annual mining leases. In the case of the petitioner no small regular plots were delineated by the Director and as such the granting of the permit under rule 57 (2) was a mistake or an error apparent on the face of the record and as such the said mistake or error was rectified under rule 56 of the Rules and the permit issued by the Mining Engineer was subsequently cancelled, Vide Order No. 1645/58 dated 21-7-1958. It has been stated that the rectification was made within time fixed by rule 56 of the Rules. The petition has been objected to also on the ground that an alternative remedy lay by way of appeal or by way of suit.;