Rajasthan High Court
M/S Konasth Infrastructure Pvt. ... vs State Of Rajasthan on 29 January, 2021
Bench: Sanjeev Prakash Sharma
(1 of 4) [CW-5498/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5498/2020
M/s Konasth Infrastructure Pvt. Ltd., Through Its Director Hari
Singh Choudhary, Registered Office At 602, 6Th Floor, Apex
Tower, Lal Kothi, Tonk Road, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Mines And Geology, Government Secretariat, Jaipur
2. Additional Director (Mines), Headquarters, Directorate Of
Mines And Geology, Khanij Bhawan, Udaipur
3. Mining Engineer, Department Of Mines, District Jaipur
----Respondents
For Petitioner(s) : Ms. Alankrita Sharma
For Respondent(s) : Mr. Jaivardhan Singh Shekhawat
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment
29/01/2021
1. The matter comes up on an application moved by the
petitioner seeking modification of the order passed by the court
dated 05.05.2020.
2. Learned counsel for the petitioner submits that the issue
involved in the present petition stands adjudicated by the Division
Bench in D.B. Special Appeal Writ No.301/2020: State of
Rajasthan & Ors. Versus M/s Galaxy Mining and Royalties
and other connected matters decided on 29.05.2020. Learned
counsel for the petitioner submits that installments during the
lock-down period could not be paid while earlier amount up to
23.03.2020 has been paid regularly. Learned counsel submits that
(2 of 4) [CW-5498/2020]
in view of the observations and the facts as noticed, the order
passed by the court dated 05.05.2020 be modified and the
petitioner be allowed to resume the work. Learned counsel relies
on the order passed by this court in similar writ petition i.e.
SBCWP No.5497/2020: Surya Pratap Singh versus State of
Rajasthan & others and other connected writ petition decided on
02.12.2020 and prays that same order be passed in favour of the
petitioner.
3. Learned counsel appearing for the respondents submits that
the order passed by the Division Bench in relation to contract in
question therein cannot be generalized.
4. I have considered the submissions.
5. In the bunch of writ petitions decided at Principal Seat,
Jodhpur with lead case i.e. DB Special Appeal Writ No.301/2020,
following order was passed:-
"We are of the firm view that the
prevailing COVID-19 Pandemic is an
extraordinary compelling situation, which we
have not faced for decades together. Drastic
measures were required to be taken and severe
lockdowns were imposed by the Central and the
State Governments to save the lives of the
people. For all practical purposes, businesses in
the country were crippled. The lockdown has
been lifted but with severe restrictions and
routine life of the people is limping back to
normal at a painfully slow pace. Fully functional
operation of businesses including the mining
operations/royalty collection is not possible
even as on date because still some restrictions
are in place.
Thus, we deem it fit to direct that the
collection of royalty amount under the contracts
in question shall be commenced within a period
of three days from today. The writ petitioners
(respondents herein) shall clear off their
outstanding dues if any (upto 22.3.2020) within
(3 of 4) [CW-5498/2020]
a period of three days thereafter failing which,
consequences shall flow as per the stipulations
in the contracts. The issue regarding
penalty/interest imposed upon the contractors
by the State Government shall be open to
deliberation/adjudication by the learned Single
Bench in the pending writ petitions.
Clause (iii) of the interim stay orders shall
stand modified in the term that there shall be
no requirement for the State Government to
issue specific order to each writ petitioner
requiring/permitting them to commence the
collection of royalty in furtherance of the
respective contract.
As a consequence, the direction given by
learned Single Bench in Clause (v) of the
interim stay orders requiring the State to give
15 days moratorium to the concerned
contractor is set aside.
All the single bench writ petitions shall be
listed by the Registry on the scheduled date/s.
We request the learned Single Bench to decide
the matters at the earliest. The parties shall be
at liberty to raise all permissible
objections/submissions before the learned
Single Bench who shall adjudicate the same
without being prejudiced by any of the
observations made hereinabove.
With the above modifications in the
interim stay orders passed by the learned
Single Bench, the appeals are disposed of."
6. In SBCWP No.5497/2020 decided on 2.12.2020 following the
order above, this court passed order as under:-
"Thus, the contention of the learned
counsel appearing for the respondents that
there is no provision under rules for resumption
has been aptly examined by the Division Bench
and directions have been issued for allowing
resumption.
Keeping in view the aforesaid orders, I am
inclined to allow this application and direct that
if resumption is done within a period of 3 days
(4 of 4) [CW-5498/2020]
as directed by the Division Bench at Principal
Seat, Jodhpur, the respondents shall allow
them to resume work and collect royalty and
other charges.
Accordingly, the application stands
disposed of.
The interim order regarding no coercive
steps to be taken for the intervening period
shall continue."
7. In the present case also, this Court had initially passed an
order on 5.5.2020 restraining the respondents from taking any
coercive steps against the petitioner now.
8. In view of the order passed by the Division Bench (supra),
this court is inclined to allow the application and direct that the
resumption of work be allowed in favour of the petitioner and if
resumption is shown within a period of three days, the respondent
shall allow the petitioner to collect the royalty and other charges
as per the terms of the contract.
9. The application stands accordingly disposed of. The interim
order regarding no coercive steps to be taken for the intervening
period shall continue.
(SANJEEV PRAKASH SHARMA),J
SAURABH YADAV 670/158
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