Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE appellant State is aggrieved against the judgment dt. 19.9.1996 of this Court delivered by the Single Bench in writ petition No. 2875/87 filed by the respondent. Brief facts of the case are that the writ petitioner after obtaining a license from the mining department excavated the mineral and manufactured the bricks from the land of khasra No. 261 situated in Village Tawab and as per the appellant, 80000 bricks from the said earth and clay were manufactured. Since the said excavation was with the permission of the competent mining department, therefore, the bricks were belonging to the writ petitioner. The Naib Tehsildar, Bhinmal issued a notice under Section 91 of the Rajasthan Land Revenue Act, 1956 to the petitioner treating the petitioner to be a trespasser over the Government land. The Tehsildar after giving opportunity of hearing to the petitioner passed the order on 19.10.1987 and held that even if there was license in favour of writ petitioner given by the mining department, then also, the writ petitioner should have obtained the no objection certificate from the State authorities because all land belongs to the State and as per the Land Revenue Act, no one is entitled to excavate any mineral from the land falling in the State of Rajasthan without permission of the State. On this technical ground that the writ petitioner did not obtain the no objection certificate from the State authorities, he has been declared trespasser and penalty of Rs. 154.70p. has been imposed upon him by the impugned order of the Tehsildar dt. 19.10.1987.
(3.) IT will be worthwhile to mention here that for that very excavation and manufacturing of bricks, a criminal case was also launched which may be because of the reason that as per the opinion of the State authorities, the minerals were the properties of the State and since the writ petitioner removed that mineral unlawfully, therefore, it amounts to theft.;