The Rajasthan high court on Wednesday issued notices to the state government and one Ultra Tech cement company on a petition filed by Banswara-based mining businessman Fakhruddin who alleged that the mines department had blatantly violated law while awarding mining leases. Justice R S Rathore issued the notice asking respondents to file their reply within two weeks. The state government had recently allowed transfer of mines in Naguar district in favour of Ultra Tech Cement but in an identical case of Fakhruddin, the government had not only cancelled his mining lease but also took possession of mines. Fakhruddin, who is key partner of “Classic Marbles”, Banswara, had sent legal notice to the principal secretary, mines and chief minister on August 13. “It was a blatant case of injustice meted out to my client and giving out of the way favour to favourites,” said Rajdeep Rastogi, counsel of Fakhruddin. Fakhrudin in his notice had stated that the mines department had blatantly violated the provisions of the law and maliciously/arbitrarily used them against his firm because neither he was related to any politician nor he had any financial strength. After not receiving any response, Fakhruddin filed a writ petition in the high court on October 5, which came for hearing on Wednesday. After a lengthy argument, court issued notice to the respondents i.e. state of Rajasthan, Chauhan brothers and Ultra Tech cement returnable in two weeks time. Rastogi highlighted how Chauhan brothers were favoured. The petitioner has also said that Chouhan brothers were direct relatives of chief minister Ashok Gehlot. Fakhruddin has stated that the Gotan Limestone Khanji Udyog (GKU), a partnership firm, was allotted 1,000 hectares of land near Dhanapa village in Nagaur district by the mines department in 1984. The four partners of the company namely, Ram Vallabh Chauhan, Suresh Chauhan, Ramesh Chauhan and Ram Avtar Chauhan, formed a limited company, Gotan Limestone Khanji Udyog Pvt Ltd (GKUPL), which was incorporated in the Companies Act on March 26, 2012. After two days, (March 28), the GKU stakeholders filed an application to the assistant mining engineer to transfer total 1,000 hectares to the newly formed company GKUPL (having same directors). “Even the stamp papers, on which the affidavits were sworn and annexed with the application of March 28, 2012, were purchased on later date ie, March 31, 2012. However, the local mining officials recommended the case to the director mines and geology for mutation in favour of the newly formed company,” Fakhrauddin has stated in the notice. He said that the four Chauhan brothers, directors of the GKUPL, on July 23, 2012, inducted three new directors namely, Kailash Chand Birla, Mukesh Babu Agarwal and Rahul Mohnot of Ultra Tech Cement. Same day, Chauhan brothers resigned from the directorship of their newly formed company by selling 100% shareholding to the Ultra Tech Cement for Rs 160 crore. The Ultra Tech Cement on July 23 informed the Bombay Stock Exchange (BSE) that it has acquired 100% equity shares of the GKUPL. However, Fakhrauddin has alleged that they had followed exactly the same procedure while transferring the mining lease belonging to them but their deal was termed as illegal and the lease was cancelled forthwith. “In our case, the mines department claimed that we have committed fraud and violated Rule 15 and 72 of the MMCR-1986 but in case of GKU, the department has not taken any action till date and rather consented for transfer of mining lease to Ultra Tech,” he has alleged in the notice.