Rajasthan High Court
M/S Vashishtha Bricks Udhyog vs Mining Engineer, Department Of ... on 8 February, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.1584/2021
M/s Vashishtha Bricks Udhyog, Having Its Address At Village
Bahramda, Tehsil Nadbai, District Bharatpur, Rajasthan Through
Its Proprietor Mrs. Sangeeta Devi W/o Shri Naresh Sharma
----Petitioner
Versus
1. Mining Engineer, Department Of Mines And Geology,
Bharatpur, Rajasthan
2. Joint Secretary (Mines), Government Secretariat, Jaipur
Metropolitan, Jaipur
----Respondents
For Petitioner(s) : Mr. Manish Sharma, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
08/02/2021
The instant writ petition has been filed by seeking a direction
to set aside the order dated 23.07.2020 whereby the petitioner
has been asked to deposit certain amount in respect of dues
against Royalty and interest thereon.
Learned counsel for the petitioner submitted that the
petitioner has also filed revision petition against the said order,
however, the revision petition of the petitioner has not been
decided and the Authority has given the date on various occasions
and as such, the matter is posted on 22.02.2021.
Learned counsel submitted that this Court is required to
interfere in the present matter as the recovery against the
petitioner is in respect of period of the COVID-19 and as such, the
(2 of 3) [CW-1584/2021]
State Government itself has issued various circulars from time to
time of not effecting recovery during the period of COVID-19.
Learned counsel submitted that due to the order dated
23.07.2020, the respondents are determined to take action
against the petitioner under the Rajasthan Land Revenue Act,
1956 for effecting the recovery.
Learned counsel submitted that on the one hand the revision
petition of the petitioner is not heard and on the other hand the
respondents are sending letters to recover the amount from the
petitioner.
Learned counsel has also placed reliance on the judgment
passed by Principal Seat at Jodhpur in SB Civil Writ Petition No.
4624/2019 (Amarchand Vs. State of Rajasthan & Ors.),
decided vide order dated 27.03.2019.
I have heard the learned counsel for the petitioner and
perused the material available on record.
This Court finds that the petitioner has already approached
the Authority provided under the Rules by filing the revision
petition. The order-sheets which have been placed on record by
the petitioner reflect that the notices in the revision petition have
been issued on 12.10.2020 and next date was fixed on
18.11.2020. The order-sheets further shows that the record from
the Mining Engineer, Department of Mines and Geology, Bharatpur,
Rajasthan was summoned and as such, next date was fixed on
21.12.2020. The order-sheet dated 21.12.2020 shows that the
record has not been received and as such, the matter has been
posted on 22.02.2021.
This Court finds that once the matter is subjudice before the
Revisional Authority, this Court may not like to interfere for
(3 of 3) [CW-1584/2021]
quashing the recovery notice dated 23.07.2020. The petitioner is
within his own right to pursue remedy provided under the Rules.
This Court, however, gives liberty to the petitioner to move
to the Revisional Authority for deciding the prayer of interim relief
on the next date of hearing.
The Revision Authority may also meanwhile summon the
record from the Mining Engineer, Department of Mines and
Geology, Bharatpur, Rajasthan and earnest effort be made to get
the record before the next date of hearing. It is expected from the
Authorities that considering the urgency of the matter, Revision
Petition be decided expeditiously.
Accordingly, the writ petition stands disposed of.
(ASHOK KUMAR GAUR),J
Parul Sharma/Ramesh Vaishnav/105
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