HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 2032/2021
Balveer Singh S/o Shri Karan Singh, Aged About 50 Years, R/o
Village Seel Bhakri Tehsil Parbatsar District Nagour.
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary To
Government, Mines Department, The Government Of
Rajasthan, Secretariat, Jaipur.
2. The Director, Mines And Geology Department, Khanij
Bhawan, Udaipur.
3. The Superintending Mining Engineer, Mines And Geology
Department, Bharatpur.
4. The Assistant Mining Engineer, Mines And Geology
Department, Sawai Madhopur.
----Respondents
For Petitioner(s) : Mr. Ankit Bishnoi on behalf of Mr. Manish Sharma For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE KUMARI JUSTICE REKHA BORANA Order 08/11/2021 The petitioner has challenged Rule 5 of the Rajasthan Minor Mineral Concession Rules, 2017 and a consequential rejection/cancellation of Letter of Intent issued to the petitioner in respect of a strip of land of 30 metres width.
Learned counsel for the petitioner candidly stated that identical issues raised by the petitioner in the present petition came up for consideration before the Division Bench of this Court in case of M/s Rana Marbles and Mines Vs. State of (Downloaded on 12/11/2021 at 09:11:56 PM) (2 of 2) [CW-2032/2021] Rajasthan and Ors. (DB Civil Writ Petition No.5305/2017) decided on 16.04.2019. The group of petitions were dismissed. Challenge to the vires of Rule 5 and 89 of the said Rules of 2017 was rejected. Counsel pointed out that against the said judgment of the Division Bench, some of the aggrieved petitioners have approached the Supreme Court and the challenge is pending.
Despite pendency of the appeal against the Division Bench judgment of this Court, the ratio laid down in the decision continues to operate and bind us.
In that view of the matter, without recording separate reasons, respectfully following the judgment of Division Bench of this Court in the case of M/s Rana Marbles and Mines (supra), this petition is dismissed.
(REKHA BORANA),J (AKIL KURESHI),CJ
Kamlesh Kumar/N.Gandhi/13
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