Vivek Vikram Singh Son Of Shri ... vs State Of Rajasthan
2021 Latest Caselaw 3547 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 7159/2021

Vivek Vikram Singh Son Of Shri Dharam Singh, Aged About 45
Years, Resident Of Village Daurda, Tehsil Roopwas, District
Bharatpur (Rajasthan)
                                                                     ----Petitioner
                                     Versus
1.     State Of Rajasthan, Through Additional Chief Secretary,
       Mines And Geology, Government Secretariat, Jaipur.
2.     Additional Director Mines And Geology, Udaipur.
3.     Mining       Engineer,      Mines       And       Geology     Department,
       Bharatpur.
4.     Assistant       Mining        Engineer,         Mines       And    Geology
       Department, Tehsil Roopbas, District Bharatpur.
5.     Mining       Engineer,      Cholpur         Cum       Chairman,     Inquiry
       Committee, Mines And Geology Department.
                                                                  ----Respondents

For Petitioner(s) : Ms. Alankrita Sharma For Respondent(s) : Mr. Zakir Husain, AGC

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

10/08/2021

Learned counsel for the petitioner relies on the order passed

by this Court in S.B. CWP No.3521/2019 on 12.03.2019, in the

case of Ms/ Larsen and Toubro Ltd. Vs. State of Rajasthan & Ors.,

which read as under:-

"1. Learned counsel for the petitioner submits that without participation of the petitioner inspection was conducted and the mining lease at the adjacent place has been held to be done by the petitioner and a demand has been raised for the illegal mining activities on the part of the petitioner. Learned counsel further submits that the petitioner has filed an appeal against the said order before the Appellate

(2 of 3) [CW-7159/2021]

Authority but no decision has come forward. Learned counsel has relied on the order passed by Coordinate Bench of this Court at Jaipur Bench on 07/01/2016 in the case of Larsen & Toubro Ltd. Vs. State & ors. (SB Civil Writ Petition No.44/2016) whereby this Court, while granting interim protection, directed the authorities for deciding the appeal. Counsel further submits that while the appeal is pending, a recovery order has been passed on 29/01/2019. She also relies on the order passed by the Division Bench of this Court in the case of Mewar Marbles Ltd. Vs. State of Rajasthan : 2002 WLC, Raj. (UC) page 213 to submit that the notice of demand for penalty without participation of the petitioner in the inspection would be unjustified.

2. Having heard learned counsel and having examined the judgments placed before this Court (supra), this Court is of the view that the appellate authority under the Rajasthan Minor Mineral Concession Rules, 1986 is bound to decide the appeal preferred with stipulated period. The inaction on the part of the appellate authority results in further litigation coming up before this Court wherein this Court is passing orders for deciding the appeals within stipulated period. Such unnecessary litigation on account of inaction of the authorities is not called for and the State Government ought to take steps laying down a time frame for deciding the appeals.

3. Having said so, in the present case, finding that the appeal has been pending since long, it is directed that the appellate authority shall decide it within a period of two months after giving hearing to the petitioner and the petitioner would be free to assail the order if the petitioner is still aggrieved thereto.

4. In the meanwhile, till the appeal is decided, no coercive steps shall be taken in terms of the notice dated 29/01/2019.

5. The writ petition is accordingly disposed of."

Learned counsel appearing for the Mining Department

submits that the appeal is pending, which is not being decided as

the petitioner is not appearing for the joint inspection as directed

by the Appellate Authority.

Keeping in view the submissions of learned counsel for the

Mining Department, the petitioner is directed to remain present for

joint inspection on 24.08.2021 and the report of joint inspection

(3 of 3) [CW-7159/2021]

so conducted shall be submitted to the learned Appellate Authority

within seven days. Thereafter, the Appellate Authority shall decide

the appeal itself within a period of 15 days after giving opportunity

of hearing to both the parties.

In the aforesaid, the writ petition stands disposed of.

All pending applications also stand disposed of.

(SANJEEV PRAKASH SHARMA),J

TN/40

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