Rajasthan High Court - Jodhpur
Khema Ram vs State Of Rajasthan on 10 November, 2021
Bench: Pushpendra Singh Bhati
(1 of 2) [CW-18954/2018]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18954/2018
Khema Ram S/o Shri Sherra Ram, Aged About 39 Years,
Bhairypawa, Tehsil And District Bikaner (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Mines And Geology, Shastri Circle, Udaipur, Rajasthan.
2. The Secretary, Finance Department, Government Of
Rajasthan, 1St Floor, Main Building Government
Secretariat, Jaipur-302005, Rajasthan.
3. The Director, Mines And Geology Department, Udaipur,
Rajasthan.
4. The Mining Engineer, Office Of Mining Department,
Sriganganagar.
----Respondents
Connection With
S.B. Civil Writ Petition No. 13173/2018
M/s. Mangalam Mines And Minerals,
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Mahaveer Bishnoi
For Respondent(s) : Mr. Sunil Bhandari
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
10/11/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
In CWP No. 18954/2018:-
(Downloaded on 17/11/2021 at 08:11:55 PM)
(2 of 2) [CW-18954/2018]
It is ad-idem submitted by learned counsel for the parties
that the controversy involved in this writ petition is squarely
covered by a judgment of Coordinate Bench dated 28.08.2018,
rendered in S.B. Civil Writ Petition No.5354/2018 (Ladu Lal
Hiran & Ors. Vs. State & Ors.).
The Coordinate Bench, after considering the matter, allowed
the writ petition and passed the impugned order.
"12. In light of the aforesaid submission and upon
such stand of the respondents, the present writ
petitions are allowed and the letter dated 08.11.2017
issued by the Finance (Tax) Department, Government
of Rajasthan is hereby quashed and set aside.
However, if any letter has been issued in pursuance of
the letter dated 08.11.2017, the same shall also stand
quashed accordingly."
In view thereof, the present writ petition is also allowed in
the same terms and the aforesaid impugned letter and further
proceedings thereto, are hereby annulled.
All pending applications also stand disposed of accordingly.
In CWP No. 13173/2018:-
Let the S.B. Civil Writ Petition No. 13173/2018 be de-tagged
from the bunch of S.B. Civil Writ Petition No.18954/2018 and be
listed separately.
(DR.PUSHPENDRA SINGH BHATI),J.
C2-2/3-Sudheer/-
(Downloaded on 17/11/2021 at 08:11:55 PM)Powered by TCPDF (www.tcpdf.org)