JUDGMENT 1. - In this writ petition, the petitioner has prayed for a direction that the respondent-Mining Engineer, Jodhpur may be directed to comply with the judgment dated 14/7/2006 passed by the Additional Director, Mines, Jodhpur passed in appeal no.191/2005. Further, it is prayed that respondent - Mining Engineer, Jodhpur may be directed to allot the quarry in question in favour of the petitioner and issue quarry license. 2. The facts of the present case are that the petitioner submitted an application for grant of quarry license, which application was rejected on 30/12/2004. The petitioner against the said rejection order filed an appeal under Rule 43 (1) of the Rajasthan Minor Minieral Concession Rules, 1986, before the Additional Director, Mines, Jodhpur. The Additional Director, Mines accepted the appeal of the petitioner vide order dated 14/7/2006. The operative portion of the order passed by the Additional Director, Mines, Jodhpur reads as under:- " mDrkuqlkj vihy Lohdkj djrs gq, [kfu vfHk;Urk] tks/kiqj ds vkns'k fnukad 30-12-2004 dks fujLr fd;k tkrk gS o [kfu vfHk;Urk] tks/kiqj dks funsZ'k fn;s tkrs gS fd {ks= esa gq, vfrdze.k@voS/k dCtksa dks gVkdj [kkuksa dk fu;ekuqlkj vkacVu djsA bl dk;Z ds fy, vko';drk iM+us ij og ftyk iz'kklu@iqfyl dh enn ys vkSj [kku foHkkx dh tehu dks ( ftlesa iz'uxr [kku vkrh gS ) vfrdze.k eqDr djk dj vihy vihykaV ds vkosnu i= ij [kku Lohd`fr dh dk;Zokgh fu;ekuqlkj dh tkosA vfrdze.k gVkus dh dk;Zokgh esa vko';drk iM+us ij vihykaV Hkh [kfu vfHk;Urk dk iwjk lg;ksx djsxkA " 3. The grievance of the petitioner in this writ petition is that though specific direction was issued by the Addl.Director, Mines to decide the application for allotment of quarry after removing encroachment upon the land in question but said direction was not complied with by the Mining Engineer. Therefore, this writ petition was filed in which notices were issued. 4. In pursuance of notice issued to the respondents, a reply was filed and it is stated that the application of the petitioner was complete but on the quarry area in question, there was old possession of some other person. Therefore, this writ petition was filed in which notices were issued. 4. In pursuance of notice issued to the respondents, a reply was filed and it is stated that the application of the petitioner was complete but on the quarry area in question, there was old possession of some other person. The mines Surveyor and Halka Patwari of the area also made a joint inspection of the site on 15/3/2004, in which it was found that though the land in question was recorded as Gair Mumkin Government land in the revenue record but on the site in question, some persons have illegal possession by raising 4-5' wall. Therefore, inability was shown by the Mining Engineer that due to encroachment on the area in question, the allotment could not be made in favour of the petitioner. 5. Upon this reply, while taking serious view, learned Single Judge passed an order on 5/10/2007, which reads as under:- "The additional Director (Mines) while accepting the appeal preferred by the petitioner under sub-rule (1) of Rule 43 of the Rajasthan Minor Mineral Concession Rules, 1986 directed the Mining Engineer, Jodhpur to allot the mines in question to the petitioner after getting encroachment/illegal possession made thereon removed. The grievance of the petitioner is that despite the order aforesaid no action has been taken by the Mining Engineer, Jodhpur for making allotment by removing encroachments. It is stated by the respondents that on several occasions the competent officers of the Mining Department made request to the District Administration to provide adequate aid to get the encroachments removed, however, no aid is yet provided. Looking to the facts and circumstances of the case, while keeping the writ petition pending I consider it appropriate to direct the Mining Engineer, Jodhpur to approach the Collector, Jodhpur for getting necessary aid to remove the encroachments in question and the Collector, Jodhpur shall act upon that to provide adequate aid including security to the Mining Department to get the encroachment removed. Put up for further orders on 29.10.2007." 6. In compliance of the aforesaid order of this Court dated 5/10/2007, an additional affidavit has been filed by the respondents in which it is submitted that the Mining Engineer, Jodhpur wrote a letter dated 19/11/2007 to the Tehsildar, Jodhpur for making compliance of the order passed by this Court on 5/10/2007 for removing unauthorized encroachments from the land in question. In compliance of the aforesaid order of this Court dated 5/10/2007, an additional affidavit has been filed by the respondents in which it is submitted that the Mining Engineer, Jodhpur wrote a letter dated 19/11/2007 to the Tehsildar, Jodhpur for making compliance of the order passed by this Court on 5/10/2007 for removing unauthorized encroachments from the land in question. Now, another additional affidavit has been filed by the Mining Engineer - Gordhan Ram, in which it is specifically admitted that in compliance of the aforesaid direction dated 5/10/2007, the Mining Engineer, Jodhpur along with Tehsildar, Jodhpur has removed the encroachment made over the mines No.646 to 659, Soda-ki-Dhani. The compliance report prepared on 8.2.2008 has been placed on record as Annex.AA/1. Thus, it is submitted that encroachment upon the land in question has now been removed. 7. The learned counsel for the petitioner submits that the reason for not complying with the direction given by Additional Director, Mines, Jodhpur in the judgment dated 14/7/2006 passed in appeal filed under Section 43 (1) of the Act, is not in existence, therefore, directions may be issued to the respondent no.2 to make compliance of the order passed by Additional Director, Mines, Jodhpur on 14/7/2006. 8. In the facts and circumstances of the case, I deem it just and proper to direct the Mining Engineer, Mines & Geology Department, Jodhpur - respondent no.2 to decide the application filed by the petitioner for allotment of quarry in compliance of the order passed by Additional Director, Mines, which is Annex.4 dated 14/7/2006 in accordance with law, within a period of three months. With the aforesaid directions, this petition is disposed of.Writ petition disposed of. *******