M/S Devdashrath Infratech Pvt. ... vs State Of Rajasthan
2021 Latest Caselaw 9466 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7305/2021

M/s Devdashrath Infratech Pvt. Ltd., Having Its Registered Office At Flat No.303 Ashapurna Towwr, Paota A Jodhpur (Raj.), Through Its Authorized Signatory Bharat Kumar Singh S/o Mahendra Singh Bhati, Age About 31, Resident Of 11-Near Mahendar Singh Ji Ki Haveli, Village Umaid Nagar, Tehsil Tiwari, District Jodhpur. (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary To Government Of Rajasthan, Department Of Mines, Secretariat, Government Of Rajasthan, Jaipur.

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

3. Mining Engineer, Sirohi (Raj.)

----Respondents

For Petitioner(s) : Mr. B.S. Sandhu (through VC) For Respondent(s) : Mr. Sandeep Shah, AAG (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

18/05/2021

Learned counsel for the petitioner undertakes to

remove the defects pointed out by the office within a

period of ten days from today.

Learned counsel for the petitioner has submitted that

the petitioner is not interested in operating the contract

of collection of royalty awarded to him vide contract

agreement dated 16.12.2020 (Annex./3). Learned

counsel for the petitioner has also submitted that the

(2 of 2) [CW-7305/2021]

respondent-department has already taken over the

possession of the royalty check post.

Mr. Sandeep Shah, AAG appearing on behalf of the

respondents seeks some time to file a detailed reply to

the writ petition. In the facts and circumstances of the

case, time prayed for is granted.

In the meantime, the respondents shall not encash

the security deposit (in the nature of FDR) and the

performance security (in the nature of bank

guarantee/FDR) till the next date.

However, it is hereby ordered that it will be

obligatory for the petitioner to renew the security or

furnish fresh bank guarantee at least seven days prior to

the date of expiry/maturity of the bank guarantee/performance security etc. In case, the

petitioner fails to do the same, the mining department

will be free to encash the bank guarantee/performance

security etc. without any further orders.

(VIJAY BISHNOI),J

31-msrathore/-

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