Rajasthan High Court - Jodhpur
Rudmal vs State And Ors on 3 December, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9574/2016
Rudmal
----Petitioner
Versus
State And Ors
----Respondent
For Petitioner(s) : Mr. B.M. Bohra
For Respondent(s) : Mr. Digvijay Singh Jasol, Dy.GC.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/12/2021
The matter comes up on an application (IA No.01/20) for
disposal of the case in light of the judgment rendered by this
Hon'ble Court in DBCWP No.7646/2018.
Learned counsel for the petitioner as well as learned Deputy
Government Counsel jointly submit that the controversy is
covered by the following order passed by this Court in M/s.
Harsh Enterprises Vs. State & Ors. (S.B. Civil Writ Petition
No.8956/2016) decided on 09.11.2021:
"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.
Learned counsel for the respondents has referred to
the judgment rendered by a Division Bench of this Hon'ble
Court in Federation of Mining Associations of
Rajasthan & Ors. Vs. State of Rajasthan & Ors. (D.B.
Civil Writ Petition No.7646/2016) decided on
08.11.2017. The judgment reads as under:
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(2 of 3) [CW-9574/2016]
"These petitions for writ are before us to question
constitutional validity of the provisions of Mines and
Minerals (Contribution to District Mineral Foundation)
Rules, 2015, more specifically Rule 1 (2) and Rule 1
(3) of the Rules aforesaid. A challenge is also given to
the order dated 08.06.2016 passed by the Director,
Directorate of Mines and Geology, Udaipur directing to
Additional Director (Mines), Superintending Mining
Engineers of different Mining Zones Mining Engineers
at different stations and the Assistant Mining
Engineers in the entire State for not issuing ravanas to
the mining lease holders without ensuring compliance
of the provisions of the Rules of 2015. This Court
while issuing notices to the respondents restrained the
State of Rajasthan and its functionaries from taking
any coercive action against the petitioners for the
liability arising under the Rules of 2016. The cause
sought to be agitated in these petitions for writ was
also pending consideration before Hon'ble the
Supreme Court in the Writ Petition (Civil)
No.12027/2015 (Federation of Indian Mineral
Industries & Ors. Vs. Union of India & Anr.). In light of
the pendency of the same cause before the Apex
Court, the proceedings in the instant matter and the
other matters alike were stayed.
It is brought to our notice by learned Additional
Advocate General that the Supreme Court has already
decided the writ petition along with several other
transferred cases including the Transferred Case
(Civil) No.43/2016 (Federation of Indian Mineral
Industries & Ors. Vs. Union of India & Anr.) on
13.10.2017. A photstat copy of the judgment passed
by the Apex Court in the case aforesaid too is placed
on record.
Learned counsel appearing on behalf of the
petitioners do not dispute the fact brought to our
notice by learned Additional Advocate General.
On examination of record, we are also satisfied
that the cause under adjudication in these petitions for
writ is no more res integra in light of the judgment
rendered by Hon'ble Supreme Court in the case of
Federation of Indian Mineral Industries & Ors. Vs.
(Downloaded on 07/12/2021 at 08:44:40 PM)
(3 of 3) [CW-9574/2016]
Union of India & Anr. (supra). Accordingly, these
petitions for writ are disposed of in terms of the
judgment given by the Apex Court in the case
aforesaid."
Learned counsel for the petitioner is not in a position
to refute the applicability of the aforesaid judgment.
In view of the above, the present petition is disposed
of in terms of the judgment rendered by the Hon'ble Apex
Court in the case of Federation of Indian Mineral
Industries & Ors. Vs. Union of India & Ors.; Writ
Petition (Civil) No.12027/2015. All pending applications
also stand disposed of."
In view of the above, the present petition is disposed of in
terms of the judgment rendered by the Hon'ble Apex Court in
Federation of Indian Mineral Industries & Ors. Vs. Union of
India & Ors.; Writ Petition (Civil) No.12027/2015. All
pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI),J.
27-Zeeshan
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