M/S A And J Sisodia Mineral Llp vs Shri D.B. Gupta
2021 Latest Caselaw 222 Raj

HIGH COURT of JUDICATURE FOR RAJASTHAN

AT JODHPUR

D.B. Writ Contempt No. 441/2020

M/s A & J Sisodia Mineral LLP, having its Registered Office at 17, Mangalam Nilak Nagar, Hiran Mangri, Sector No.03, Udaipur, Distt. Udaipur through its Partner Shri Baraiya Jayantilal Amarshibhai S/o Amarshibhai Trikubhai Baraiya , aged 41 Years , R/o 602, Om Apartment, Bonny Park, Ravapar , Morbi Gujarta

----Petitioner Versus

1. Shri D.B. Gupta, The Chief Secretary , Government of Rajasthan, Secretariat Jaipur, Rajasthan

2. Shri Kunji Lal Meena, The Principal Secretary, Department of Mines, Secretariat , Jaipur , Rajasthan

3. State of Rajasthan, Through The Secretary, Department of Mines, Government of Rajasthan, Secretariat, Jaipur , Rajasthan

4. Shri Gorav Goyal, The Director, Directorate of Mines and Geology, Udaipur

5. Shri Muktananad Agarwal, The Commissioner of Industries, Office of The Commissioner of Industries , Department of Industries , Udhyog Bhawan , Tilak Mark , Jaipur (302005) Rajasthan

----Respondents

For Petitioner(s) : Mr. Vikas Balia.

Through video conferencing.

HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

07/01/2021

This contempt petition has been filed by the petitioner

alleging disobedience of the order 16.4.2020 passed by this Court,

whereby the notifications dated 5.10.18 & 10.3.19 issued by the

(2 of 2) [WCP-441/2020]

Department of Mines, Government of Rajasthan, putting

restriction on transportation of the mineral outside the State were

quashed.

Learned counsel appearing for the petitioner submits that

despite notification being quashed, the State Government has not

issued the transit pass for transportation of mineral feldspar from

the State of Rajasthan to other States. Learned counsel submits

that omission on the part of the respondents in implementing the

judgment passed by this Court also amount to the contempt of the

Court.

In the considered opinion of this Court, as a result of

notifications being quashed, the restriction imposed for

transportation of mineral feldspar from the State of Rajasthan to

other States does not survive. If the transit passes are not issued

despite being applied for, it gives rise to fresh cause of action and

it is always open for the petitioner to take appropriate remedy

available under the law in this regard.

No case for initiating the contempt proceedings is made out.

The contempt petition is therefore, dismissed.

(RAMESHWAR VYAS),J (SANGEET LODHA),J

5-DJ/-

Powered by TCPDF (www.tcpdf.org)