Hon'ble JAIN-I, J.—This petition has been filed by the petitioners with the prayer to stop illegal mining activity in recorded Katli river, flowing in Village Norangpura, Tehsil Sikar, District Jhunjhunu and to take criminal as well as other action against the guilty persons for allowing the illegal mining operations in Village Norangpura, Tehsil Khetri, District Jhunjhunu. 2. It is averred in the petition that in spite of order of the Hon'ble Supreme Court, illegal mining activity is taking place in the area in question in Katli River. Illegal mining activity has not been stopped in Aravali Hills area. Katli River is situated on the bank of Village Norangpura, which was originated from Aravali Hills. It flows from Khetri towards Sikar-Jhunjhunu. Khasra No. 634, 628 and 630 are recorded in revenue record, which are part of the river, but with the connivance of the land record officers, certain land has been alienated and recorded in the name of private persons. Crushing of the stones seriously pollutes air. Six big LNT machines are being operated in the area in question. Reliance has been placed upon the decision rendered by Hon'ble Apex Court in M.C. Mehta's case. The Gair Numkin Nadi is vested in the public-at-large and Government has no right to alienate or to use it for any other purpose. Article 51A of the Constitution of India has also been relied upon by the petitioners. 3. It is further averred that in the name of excavation, sand is being taken away from Aravali Hills area. Mining operations are creating problems. Decision of Hon'ble Apex Court in M.C. Mehta vs. Union of India and Others, (2004) 12 SCC 118 has also been relied upon by the petitioners. 4. In the reply, filed on behalf of Respondent Nos. 1, 2 and 4, State of Rajasthan & Others, it is contended that the respondents have not permitted excavation/mining activities in the Aravali Hills area and order passed by the Hon'ble Apex Court has not been violated by them. Action for preservation of Katli River has been taken by the respondents. Khasra No. 634 is recorded in the revenue record as Banjar-1; Khasra No. 630 is recorded as gair mumkin jangal(forest) and Khasra No. 628 is recorded as gair mumkin nadi(river) and no illegal excavation of masonry sand is done in the aforesaid khasra numbers. The petitioners are not entitled for filing instant petition. Khasra No. 634 is recorded in the revenue record as Banjar-1; Khasra No. 630 is recorded as gair mumkin jangal(forest) and Khasra No. 628 is recorded as gair mumkin nadi(river) and no illegal excavation of masonry sand is done in the aforesaid khasra numbers. The petitioners are not entitled for filing instant petition. Khasra No. 628 is recorded as gair mumkin nadi and out of 5.72 hectares area, only in 4 hectares of area excavation of masonry sand is being done. Land has not been sold to anybody. Certain lease was sanctioned out of survey No. 561. 5. Rejoinder has been filed by the petitioners to the return filed by the respondent-State contending therein that Katli river is Sarasvati River, as pointed out in the research conducted by Dr. S. Kalyanaraman, Sarasvati Sindhu Research Centre, 19, Temple Avenue, Chenni. Katli river was the major river during Pre-Harrapan era. Thus, it is required to be preserved. Several trees have been destroyed and river bed is being dug by big digging machines. Reference of places, such as Papda, Jodhpura, Sunari, Padewa, Kankariya etc., has been given, where deep digging in river bed is taking place. 6. Compliance report has been filed by the respondents in pursuance of order dated 29.08.2011 passed by this Court. It has been mentioned in the report that all kind of illegal mining have been stopped in the area in question and at present no illegal excavation/mining activity of masonry sand is going on. The Collector concerned has also visited the place and verified the facts. Report of concerned S.D.O. has been placed on record as Annexure CR/1. 7. An application has been filed on behalf of respondent, M/s. Shiv Shakti Royalties Pvt. Ltd. with a prayer to direct the respondents to permit legal mining and excavation of bajari from the river bed of River Katli and if the prayer of the applicant is not accepted, then in alternative, the respondents be directed not to recover the installments under the contract of royalty collection and permit fees from the applicant and to return the security amount of the applicant in view of the contract having been frustrated. 8. Mr. 8. Mr. S.R. Surana, learned Senior Counsel appearing on behalf of the petitioners has submitted that Katli River is required to be saved, as such, the State Government be directed not to permit any kind of mining activities in the area in question in Katli river bed. 9. Mr. S.N. Kumawat, learned Additional Advocate General appearing on behalf of respondents-State has submitted that any kind of mining activities are not being permitted by the respondents in the area, which is subject matter of instant writ application. Even, check post of the contractor at Villate Norangpura has been removed by the respondents. In future also, they are not going to permit mining at Village Norangpura. 10. Mr. Kamlakar Sharma, Senior Counsel appearing on behalf of the respondent-M/s. Shiv Shakti Royalties Pvt. Ltd. has submitted that appropriate direction be issued to the respondents to permit mining in the area in question under permits. M/s. Shiv Shakti Royalties Pvt. Ltd. is a royalty collection contractor with permit fees. In fact, it is not involved in mining activities. M/s. Shiv Shakti Royalties Pvt. Ltd. only collects royalty from the persons, who are taking away the sand on permits from the area. So, application may be allowed and necessary direction be issued to the respondents. 11. After hearing learned counsel for the parties, we find that it is clear stand of the respondent-State Government, as submitted by Mr. S.N. Kumawat, learned Additional Advocate General that all kinds of mining activities in the area in question have been stopped and will not be permitted, this fact is also not disputed by Mr. Kamlakar Sharma, learned Senior Counsel appearing on behalf of respondent-M/s. Shiv Shakti Royalties Pvt. Ltd. that mining activities have been stopped. Once mining activities in the area in question have been stopped by the State Government, purpose of the instant petition stands satisfied. State Government has come up with the case that no mining activity under permit or otherwise is being permitted in the area in question. No permits for excavation/mining are being issued in the area in question. As the State Government itself has taken a decision not to issue even permits, any lease of the area in question, then, there is no occasion for this Court to consider the prayer of a royalty collection contractor, to reduce the amount of contract. No permits for excavation/mining are being issued in the area in question. As the State Government itself has taken a decision not to issue even permits, any lease of the area in question, then, there is no occasion for this Court to consider the prayer of a royalty collection contractor, to reduce the amount of contract. In case there is any such contract and certain amount is required to be adjusted, that cannot be prayed by the respondent-M/s. Shiv Shakti Royalties Pvt. Ltd. in the instant matter. For the purpose of adjustment of the equities under the contract, if any, separate petition has to be filed by the respondent before the appropriate Bench. Scope of this writ petition is confined to question whether excavation can be permitted. Even, check post of the royalty collection contractor has been removed from the area in question, is not in dispute; no relief can be given to contractor as prayed. 12. Consequently, we allow the writ application with the order that no excavation of sand or any other mining activities shall take place in the area in question at Village Norangpura. Parties are directed to bear their own costs, as incurred by them.