Rajasthan High Court - Jodhpur
Smt. Bhanwari Bai vs The State Of Rajasthan on 15 November, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S.B. Civil Writ Petition No. 2972/2021
Ms Rakhi Aahuja D/o Shri Asharam Aahuja, Aged About 40
Years, R/o B-6, Shastri Nagar, Bhilwara.
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Mines
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Additional Director (Environment And Development),
Mines And Geology Department, Directorate, Udaipur.
3. The Superintending Mining Engineer, Mines And Geology
Department, Bhilwara.
4. The Mining Engineer, Mines And Geology Department,
Bhilwara.
----Respondents
Connected with
(2) S.B. Civil Writ Petition No. 5509/2021
M/s. Bachchan Singh Jhandu Singh Gurjar, Through Its Partner
Bachchan Singh S/o Jhandu Singh Gurjar Aged 59 Years, R/o
Manakpur, House No. 3/54-55, Kala Kuan, Housing Board, Alwar
(Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Mines
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Additional Director (Environment And Development),
Mines And Geology Department, Directorate, Udaipur.
3. The Superintending Mining Engineer, Mines And Geology
Department, Ajmer.
4. The Mininig Engineer, Mines And Geology Department,
Nagour.
----Respondents
(3) S.B. Civil Writ Petition No. 5529/2021
Smt. Bhanwari Bai W/o Mangilal, Aged About 58 Years, R/o
(2 of 5) [CW-2972/2021]
Sootra Tehsil Talera District Bundi Through Its Power Of Attorney
Holder Shri Dinesh Sharma S/o Shri Gheesalal Sharma Aged 45
R/o Chomu District Jaipur (Rajasthan).
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Mines
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Additional Director (Environment And Development),
Mines And Geology Department, Directorate, Udaipur.
3. The Superintending Mining Engineer, Mines And Geology
Department, Kota.
4. The Mining Engineer, Mines And Geology Department,
Khand Second Bundi.
----Respondents
(4) S.B. Civil Writ Petition No. 6381/2021
Dhalidevi W/o Late Shri Premaram, Aged About 54 Years, R/o
Balesar Satta, Balesar, Tehsil And District Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Mines
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Additional Director (Enviornment And Development),
Directorate Of Mines And Geology Department, Udaipur.
3. The Director, Mines And Geology Department, Udaipur.
4. The Assis. Mining Engineer, Department Of Mines And
Geology, Balesar, Dist. Jodhpur.
----Respondents
(5) S.B. Civil Writ Petition No. 9006/2021
M/s Vicctory Marmo Pvt. Ltd., 22 Anju Shopping Centre, Tilak
Road, Santacruz (W), Mumbai Through Its Authorized
Representative (Director) Shri Parmeshwar Joshi S/o Shri Ramlal
Joshi Aged 27 Address 22 Anju Shopping Centre, Tilak Road,
Santacruz (W), Mumbai (Maharashtra).
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Mines
(3 of 5) [CW-2972/2021]
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Additional Director (Environment And Development),
Mines And Geology Department, Directorate, Udaipur.
3. The Mining Engineer, Mines And Geology Department,
Amet District Rajsamand (Raj.).
----Respondents
(6) S.B. Civil Writ Petition No. 12158/2021
Sunil Kumar Gurjar S/o Shri Govind Ram Gurjar, Aged About 37
Years, R/o Opposite Temple Nagpura Tehsil Laadpura District
Kota (Rajasthan).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, Mines
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Additional Director (Environment And Development),
Mines And Geology Department, Directorate, Udaipur.
3. The Mining Engineer, Mines And Geology Department,
Kota (Rajasthan).
----Respondents
(7) S.B. Civil Writ Petition No. 12428/2021
Bora Ram S/o Doongar Ram Meghwal, Aged About 67 Years,
Narwan, Tehsil And District Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Mines Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Additional Director (Environment And Development),
Mines And Geology Department, Directorate, Udaipur.
3. The Mining Engineer, Mines And Geology Department,
Jodhpur
----Respondents
(8) S.B. Civil Writ Petition No. 12429/2021
Bhanwar Lal S/o Devaram, Aged About 42 Years, Gewra
Meghwalon Ki Dhaniya, Tehsil Osian, District Jodhpur.
(4 of 5) [CW-2972/2021]
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Mines Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Additional Director (Environment And Development),
Mines And Geology Department, Directorate, Udaipur.
3. The Mining Engineer, Mines And Geology Department,
Jodhpur
----Respondents
(9) S.B. Civil Writ Petition No. 12442/2021
Kusumbi Devi W/o Shri Bagaram Ji Jaat, Aged About 58 Years,
Jakhdon Ki Dhani, Narwa, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principle Secretary,
Mines Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Additional Director (Environment And Development),
Mines And Geology Department, Directorate, Udaipur.
3. The Mining Engineer, Mines And Geology Department,
Jodhpur.
----Respondents
For Petitioner(s) : Mr. Kuldeep Vaishnav
Mr. DLR Vyas
Mr. Abhishek Bohra
Mr. J.S. Naruka
For Respondent(s) : Mr. DS Jasol
Mr. Mrigraj Singh
JUSTICE DINESH MEHTA
Order
15/11/2021
1. Learned counsel for the petitioners argued that the issue
involved in the present writ petitions is squarely covered by the
judgment passed by this Court in case of Mohan Ram vs. State of
(5 of 5) [CW-2972/2021]
Rajasthan & Ors. (SBCWP No.9092/2021), which has been decided
by this Court vide its order dated 15.11.2021.
2. Learned counsel(s) for the respondents is/are not in a
position to dispute the aforesaid factual position.
3. In view of the aforesaid and following the reasons given in
the case of Mohan Ram (supra), the present writ petitions are
allowed.
4. The appeals filed by the petitioners are restored to the
dockets of Appellate Authority. Petitioners will place a copy of this
order before the Appellate Authority, who in turn will intimate the
date of hearing to the petitioners, whereafter the application for
condonation of delay shall be decided in light of the judgment of
this Court in case the of Madan Lal Vs. State of Rajasthan & Ors.
(SBCWP No.14920/2017) decided on 11.05.2018 so also the
judgment of this Court rendered in case of Mohan Ram (supra).
5. Stay applications also stand disposed of accordingly.
(DINESH MEHTA),J
133,140-147-pooja/-
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