The humble petitioner applied for grant of a mining

lease for mineral Bajri near village- Mirjas, Tehsil-

Mundwa and, District nagaur.
It is relevant to mention here that the mineral Bajri
found in the mining area of the humble petitioner is
a type of sand which is being processed and named
as Bajri as it is Friable sandstone and sedimentary
deposit which cannot be termed as Bajri from river
bank at all and the river bank is situated 80 kms.
Away from the mining area of the humble
petitioner.
The respondent mining Engineer, mines and
geology department, Nagaur so also the Halka
patwari conducted a site inspection and prepared
the report wherein the land in question was found
to be flat sandy and Khatedari land.
The mining engineer, mines and geology
department, Nagaur issued a L.O.I. vide letter dated
8/5/2019 in favour of the of the petetioern and
informed the humble petitioner that the
department is intending to grant mining lease to
the humble petitioner and the humble petitioner
was directed to complete the formalities of L.O.I.
The respondent superintending mining engineer,
approved the mining plan with progressive mine
closure plan with regard to the application of the
humble petitioner.
Then district level environment impact assessment
authority, Nagaur issues environmental clearance of
the humble petitioner.
The respondent superintending mining engineer
vide order dated 23/7/2019 granted the M.L.
No.32/2019 in favour of the humble petitioner for
excavation of the mineral Bajri at the location near
district Nagaur and in pursuance of such order, the
agreement was executed.
After execution of the agreement, the humble
petitioner started mining work at the allotted
mining area as per the rules. Thereafter, the
respondent mining engineer, conducted a site
inspection and directed the petitioner to erect the
pucca boundary pillars as per the prescribed size.
The petitioner got the consent to operate from the
Rajasthan state pollution control board.
The respondent department conducted a Drone
survey of various mining leases areas from the
agency Eagle Eye Survey Pvt. Ltd., who submitted its
Drone survey report dated 10.12.2021.
Thereafter, on 31.12.2021, as per the direction of
the mining engineer, Nagaur, a site inspection was
conducted in the absence of the petitioner and no
notice or opportunity of hearing was granted and
report was prepared wherein it is observed that as
per the drone inspection report, Bajri is lying spread
there and the same cannot be measured.

Vide letter dated 21.1.2022, the respondent mining

engineer issues a notice to the humble petitioner
asking him that he has excavated 1407.29 and as
per the report dated 31.12.2021 given by central
empowered committee who in compliance of the
directions given by hon’ble the Supreme court in
the order dated 11.11.2021 passed in S.L.P. No.
10587/2019, “All the Khatedari leases located
within 5 kms from the river bank as well as leases
violation of the lease condition including the misuse
of e-ravannas are detected are detected are
terminated forthwith and the state government
shall not issue fresh Khatedari leases except the
palaeo deposits in the district of Bikaner without
the approval of this Hon’ble court.” And as such, the
respondent mining engineer called upon the
humble petitioner to put his defense in the matter
within a period of 30 days with the submission of
representation with evidence.
As stated above, from the petitioner’s mining lease,
mineral Bajri is being excavated which Bajri is not
the river bank Bajri but is a type of sand which is
being processed and named as Bajri as it is friable
sandstone and sedimentary deposit which cannot
be termed as Bajri from river bank and as such, the
notice dated 21.1.2022 is misconceived as the
report of the central empowered committee does
not at all apply to the present case.
The humble petitioner submitted its representation
dated 17.2.2022 and submitted inter-alia that the
inspection conducted through drone was not
appropriate nor any physical inspection was carried
out in presence of petitioner or his authorized
representative. It was further stated in the
representation that the mineral as shown in the
notice is lower than the excavated mineral in the
mining lease area in question.
The above factual gamut clearly reveal before this
Hon’ble court that the humble petitioner has not
misused and e-ravannas nor the Bajri is river bank
Bajri but is a sand Bajri rather the mining work was
done as per the mining lease and the work was
done as per the mining lease and the petitioner’s
mining area is 80 kms. Away from the river bank but
despite all this, the respondent mining engineer
vide demand notice dated 2.3.2022 raised a
demand of Rs.65328/- from the humble petitioner.
It is also relevant to submit here that the difference
between the production of mineral and Mokam
report was very minor and that was happened
when petitioner was removed the overburden from
the lease area but respondent department not
consider .
As stated above, although the humble petitioner
has not done any illegal mining.
To other similarly situated mining lease holders, the
respondent mining engineer has issued demands
and also wrote letters intending to cancel the
mining lease of such lease holders as such, such
mining lease holders including the humble
petitioner herein submitted a representation to the
respondents praying therein to not to cancel their
mining lease by alleging therein that there mines
are situated 80 kms. Away from the river bank and
the alleged Bajri is not river bank Bajri and further
they have not misused the E-ravannas as they have
done the mining work as their mining lease itself
and they have already deposited the demand so
raised by the respondent mining engineer.
Despite the humble petitioner having deposited the
demand so raised by the respondent mining
engineer and despite there being the fact that the
excavated Bajri is not the river bank Bajri rather the
same being processed sand Bajri and the fact that
the humble petitioner has not misused the E-
ravannas, the respondents are held bent upon to
cancel the mining lease of the humble petitioner.
May it please this Hon’ble court:
The petitioner above-named respectfully begs to
submit as under:-
1.The humble petitioner is a citizen of India being
permanent resident of District Nagaur.
2. That the humble petitioner applied for grant of
a mining lease for mineral Bajri near village
Mirjas, Tehsil- Mundwa, District Nagaur, vide
application dated 06/3/2019 a copy of
application along with mineral availability
report dated 29/4/2019 is being submitted
 herewith and marked as Annexure-1 to the
petition. It is relevant to mention here that the
mineral Bajri found in the mining area of the
humble petitioner is a type of sand which is
being processed and named Bajri as it is friable
sandstone and sedimentary deposit which
cannot be termed as Bajri from river bank at all
and the river bank is situated 80 kms. Away
from the mining area of the humble petitioner.
3.That the respondent mining engineer, mines
and geology department, nagaur so also the
halka patwari conducted a site inspection and
prepared the pre demarcation report wherein
the land in question was found to be flat sandy
and Khatedari land .
4.That the mining engineer, mines and geology
department, nagaur issued a letter of intent
vide letter dated 08/05/2019 informed the
humble petitioner that the department is
intending to grant mining lease to the humble
petitioner was directed to complete the
formalities. A copy of the letter of intent dated
 8/5/2019 is being submitted herewith and
marked as Annexure-2 to the petition.
5.That the respondent superintending mining
engineer, vide order approved the mining plan
with progressive mine closure plan with regard
to the application of the humble petitioner.
6.That the district level environment impact
assessment authority, nagaur issued
environmental clearance to the humble
petitioner.
7. That the respondent superintending mining
engineer vide order dated 23/7/2019 granted
the M.L. No.32/2019 in favour of the humble
petitioner for excavation of the mineral Bajri at
the location near village Mirjas, Tehsil Mundwa,
District Nagaur and in pursuance of such order,
the agreement was executed. A copy of the
sanction order dated 23/07/2019 is being
submitted herewith and marked as Annexure-3,
to the petition
8. That after execution of the agreement, the
humble petitioner started mining work at the
 allotted mining area as per the rules.
Thereafter, after the sanction the respondent
mining engineer, conducted a site inspection
and directed the petitioner to erect the pucca
boundary pillars as per the prescribed size.
9.That the petitioner got the consent to operate
from the Rajasthan state pollution control
board vide letter dated 07/08/2019 a copy
whereof is being submitted herewith and
marked as Annexure-4 to the petition.
10. That the respondent department conducted
a drone survey of various mining leases areas
from the agency Eagle Eye Survey Pvt. Ltd., who
submitted its drone survey report dated
10.12.2021 a copy whereof is being submitted
herewith and marked as Annexure-5 to the
petition.
11. That thereafter, on 30.12.2021, as per the
direction of the mining engineer, Nagaur, a site
inspection was conducted and a report was
prepared in absence of the petitioner wherein it
is observed that as per the drone inspection
 report, Bajri is lying spread there and the same
cannot be measured. A copy of the site
inspection report dated 31.12.2021 is being
submitted herewith and marked as Annexure-6
to the petition. And it is also relevant to submit
here that no notice or opportunity of hearing
was granted to the petitioner before the site
inspection
12. That vide letter dated 21.1.2022, the