Rajasthan High Court
M/S Durga Bricks Field vs State Of Rajasthan on 12 February, 2021
Bench: Sabina, Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Special Appeal Writ No. 760/2020
In
S.B. Civil Writ Petition No. 10524/2019
M/s Durga Bricks Field, Through Partner Ravindra Vadhwa, Son
Of Shri Sardari Lal, Aged About 64 Years, Resident Of Village
Gopalpura, Tehsil Rajkhera, District Dholpur (Rajasthan).
----Appellant
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Mines And Geology, Secretariat, Jaipur
2. Joint Secretary, Govt. Of Rajasthan, Mines (Group-2)
Department, Secretariat, Jaipur
3. Mining Engineer, Department Of Mines And Geology,
Dholpur
----Respondents
For Appellant(s) : Mr. Ashwani Kumar Chobisa,
Advocate
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Judgment / Order
12/02/2021
Appellant has filed the appeal challenging the order dated
25.02.2020 passed by the learned Single Judge, whereby, writ
petition filed by the appellant, was dismissed.
We have heard learned counsel for the appellant and have
gone through the record available on the file carefully.
(2 of 3) [SAW-760/2020]
Appellant had taken land on lease for setting up brickkiln.
Appellant applied for short term permit, but the application filed
by the appellant was kept pending by the official. Assistant
Mining Engineer inspected the spot on 04.08.2004 without
giving any information to the appellant. The inspecting officer
submitted a report, but the same was not prepared at the spot
and the appellant was made to sign the said report. Vide order
dated 11.08.2004, demand of Rs.8,40,000/- was raised on
account of illegal manufacturing of forty lac bricks. Against the
said order, appellant filed a revision petition and the same was
allowed vide order dated 24.06.2005 and the case was
remanded to the mining engineer, Dholpur for a fresh decision.
Mining engineer again passed the order on 16.12.2005
confirming the earlier demand of Rs.8,40,000/-. Revision
petition filed by the appellant against the said order was
dismissed by the revisional authority vide order dated
18.03.2019. Hence, the appellant had filed the petition
challenging the order dated 18.03.2019.
A perusal of the impugned order dated 18.03.2019 reveals
that appellant had submitted reply to the show cause notice and
the appellant had admitted that excavation had been carried out
before the grant of short term permit by the respondents. The
site was inspected on 4.8.2004 by the mining official and at that
time partner, Ravindra Vadhwa, was present at the brickkiln and
had stated that the process of preparation of bricks had been
started on 15.12.2003. He also admitted that about forty lac
bricks had been prepared.
In these circumstances, learned Single Judge rightly came
to the conclusion that the appellant had not come to the Court
(3 of 3) [SAW-760/2020]
with clean hands and there was no violation of principles of
natural justice inviting interference by this Court in exercise of
extra ordinary jurisdiction under Article 226 of the Constitution
of India.
No ground for interference is made out.
Dismissed.
(MANOJ KUMAR VYAS),J (SABINA),J
Mohita /18
Powered by TCPDF (www.tcpdf.org)
