M/S. Vaibhav Minerals vs Department Of Mines And Geology
2021 Latest Caselaw 10478 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8643/2021

M/s. Vaibhav Minerals, Through Its Partner Shri Devendra Pratap Singh Aashiya, S/o Shri Parwat Singh Aashiya, Aged About 25 Years, R/o Village Post Office, Pasoond, District Rajsamand (Raj.).

----Petitioner Versus

1. Department Of Mines And Geology, Through The Director, Mines And Geology, Khanij Bhawan, Shastri Circle, Udaipur (Rajasthan).

2. The Additional Director, Department Of Mines And Geology, Khanij Bhawan, Shastri Circle, Udaipur (Rajasthan).

3. The Mining Engineer (Division-Ii), Department Of Mines And Geology Rajsamand.

                                                                     ----Respondents


For Petitioner(s)              :    Mr. Sanjeet Purohit
For Respondent(s)              :



                HON'BLE MR. JUSTICE VIJAY BISHNOI

                              Judgment / Order

09/07/2021

Learned counsel for the petitioner has submitted that the

Director Mines vide order dated 30.09.2020 has approved the

transfer of Mining Lease in the name of the petitioner with the

condition that the transfer contract is to be executed within a

period of three months and the said transfer is also required to be

registered within a period of two months from the date of transfer.

Learned counsel for the petitioner has further submitted that

though the transfer agreement was executed within a period of

three months but the registration of the same could not be done

(2 of 2) [CW-8643/2021]

within two months for the reason that some of the partners were

infected from Covid-19 and quarantined for around two weeks. It

is also submitted that though as per the order of the Director

Mines, the transfer was required to be registered up to

27.12.2020, but the same was registered on 30.12.2020 and, as

such, three days' delay was caused. It is submitted that the

Mining Department without taking into consideration the said facts

has revoked the order dated 30.09.2020 vide impugned order

dated 09.06.2021 (Annex.-7).

Issue notice. Issue notice of stay petition as well.

In the meanwhile, effect and operation of the order dated

09.06.2021 (Annex.-7) shall remain stayed.

(VIJAY BISHNOI),J

Surabhii/53-

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