Rajasthan High Court - Jodhpur
M/S. Harsh Enterprises vs State And Ors on 9 November, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8956/2016
M/s. Harsh Enterprises
----Petitioner
Versus
State And Ors
----Respondent
For Petitioner(s) : Mr. DPS Charan for Mr. Vikas Balia
For Respondent(s) : Mr. Digvijay Singh Jasol, Dy.GC.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/11/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Learned counsel for the respondents has referred to the
judgment rendered by a Division Bench of this Hon'ble Court in
Federation of Mining Associations of Rajasthan & Ors. Vs.
State of Rajasthan & Ors. (D.B. Civil Writ Petition
No.7646/2016) decided on 08.11.2017. The judgment reads as
under:
"These petitions for writ are before us to question
constitutional validity of the provisions of Mines and Minerals
(Contribution to District Mineral Foundation) Rules, 2015, more
specifically Rule 1 (2) and Rule 1 (3) of the Rules aforesaid. A
challenge is also given to the order dated 08.06.2016 passed by
the Director, Directorate of Mines and Geology, Udaipur directing to
Additional Director (Mines), Superintending Mining Engineers of
different Mining Zones Mining Engineers at different stations and
the Assistant Mining Engineers in the entire State for not issuing
ravanas to the mining lease holders without ensuring compliance
of the provisions of the Rules of 2015. This Court while issuing
notices to the respondents restrained the State of Rajasthan and
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(2 of 2) [CW-8956/2016]
its functionaries from taking any coercive action against the
petitioners for the liability arising under the Rules of 2016. The
cause sought to be agitated in these petitions for writ was also
pending consideration before Hon'ble the Supreme Court in the
Writ Petition (Civil) No.12027/2015 (Federation of Indian Mineral
Industries & Ors. Vs. Union of India & Anr.). In light of the
pendency of the same cause before the Apex Court, the
proceedings in the instant matter and the other matters alike were
stayed.
It is brought to our notice by learned Additional Advocate
General that the Supreme Court has already decided the writ
petition along with several other transferred cases including the
Transferred Case (Civil) No.43/2016 (Federation of Indian Mineral
Industries & Ors. Vs. Union of India & Anr.) on 13.10.2017. A
photstat copy of the judgment passed by the Apex Court in the
case aforesaid too is placed on record.
Learned counsel appearing on behalf of the petitioners do
not dispute the fact brought to our notice by learned Additional
Advocate General.
On examination of record, we are also satisfied that the
cause under adjudication in these petitions for writ is no more res
integra in light of the judgment rendered by Hon'ble Supreme Court
in the case of Federation of Indian Mineral Industries & Ors. Vs.
Union of India & Anr. (supra). Accordingly, these petitions for writ
are disposed of in terms of the judgment given by the Apex Court
in the case aforesaid."
Learned counsel for the petitioner is not in a position to
refute the applicability of the aforesaid judgment.
In view of the above, the present petition is disposed of in
terms of the judgment rendered by the Hon'ble Apex Court in the
case of Federation of Indian Mineral Industries & Ors. Vs.
Union of India & Ors.; Writ Petition (Civil) No.12027/2015.
All pending applications also stand disposed of.
(DR. PUSHPENDRA SINGH BHATI),J.
30-Zeeshan
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