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2016 DIGILAW 620 (RAJ)

Villagers of Village Farkiya Tehsil Kekri District Ajmer through Bachhraj @ Basaraj v. State of Rajasthan

2016-05-04

AJAY RASTOGI, DINESH CHANDRA SOMANI

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ORDER : Instant public interest petition has been filed for cancellation of the allotment of mining lease no.1/06 made in favour of respondent-3 & seeking further direction not to blast in the area of ML no.1/06 near Village Farkiya Tehsil Kekri District Ajmer. 2. The writ petitions are invariably being filed in the name & style of the villagers of village and no-one takes the responsibility of the facts indicated in the petition & who has authorised the person to sworn the affidavit filed in support of the writ petition and the present Bachhraj @ Basaraj who is a self claimed person & the local resident of the area & the then Upsarpanch of Gram Panchayat Bharai, Tehsil Kekri, District Ajmer. 3. After notices of the present petition came to be served, reply has been filed by the Mining Department & it is stated that as regards the mining lease of mineral masonry stone measuring 1 hectare in khasra no.107, land type 'Barani-III' situated near village Farkiya, Tehsil Kekri, District Ajmer, sanction was issued in favour of Kumari Seema Rathore D/o Ummed Singh Rathore vide order dated 11-1-2006 under the Rajasthan Minor Mineral Concession Rules,1986 on a fixed deed rent of Rs.15,000/- for a period of 20 years operative with effect from the registration of the lease deed with a condition of revision of the fixed deed rent after every five years and the lease deed came to be executed on 12-1-2007 & registered on 16-1-2007. 4. Counsel for respondents submits that if there is any error being committed or there is violation of the Rules,1986, an inbuilt mechanism has been provided of filing appeal before the competent authority. 5. After we have looked into the material on record, taking note of the explanation furnished by the respondents, we do not find any substance in the present PIL and the same is without merit and accordingly dismissed.