Ashok Kumar Rajpoot vs State Of M.P. And Others

This petition u/Art. 226 of the Constitution seeks prayer for deciding an application for renewal of quarry lease licence in regard to extraction of

stones for making Gitty by mechanical process which is alleged to be pending before competent authority since long.

Counsel for the State submits that the application could not be decided by the competent authority due to judicial order of Indore Division Bench

passed on 27/6/2019 in W.P.6215/19 (Prathvi Infrastructure Pvt. Ltd. vs. State of M.P. and others) and the order dated 8/11/2019 in R.P.1051/19.

Rival parties do not dispute that the aforesaid decision of Division Bench of Indore Bench of this court as mentioned above has been considered and

explained by a subsequently passed order of this bench dated 20/1/2020 in W.P. 19690/2019 (Smt. Prabha Sharma Vs State of M.P. & Others) where

this court held thus:-

 “19- From the above, it is clear as day and light that the mandate issued by the Coordinate Bench of this Court in W.P. No.6215/2019 making auction

mandatory for grant of quarry lease over Government land qua minor mineral of stone for making gitti by mechanical crushing (i.e. use of crusher) would apply

on all prospective grants made by competent licensing authority on or after from 27.6.2019 (date of order in W.P. No.6215/2019).

20- The necessary corollary to the aforesaid finding is that all grants made by the competent licensing authority prior to 27.6.2019 would be governed by Rule 6

of the 1996 Rules and would not be adversely affected by the judgment dated 27.6.2019 of the Coordinate Bench of this Court passed in W.P. No.6215/2019 at

Indore.â€​

In this view of the matter, it would not be appropriate to keep this petition pending and therefore same is disposed of with direction to the

competent authority before whom application for renewal of licence is pending to decide the same by keeping the aforesaid judicial verdict dated

20/1/2020 in W.P. 19690/2019 into consideration and pass a speaking order within 30 (thirty) days from the date of communication of this order.

With this direction, the petition stands disposed of.

No cost.

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