Dushyant vs The Superintending Mining ...
2021 Latest Caselaw 17120 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11077/2021

Dushyant S/o Niranjan Mehta, Aged About 40 Years, R/o 13, Bichun Bagh, Sansar Chandra Road, Jaipur Through Power Of Attorney Holder Sh. Vikas Solanki S/o Mewaram Solanki, Aged About 23 Years R/o 77, Tulsi Bhawan, Tilak Nagar, Bhilwara.

----Petitioner Versus

1. The Superintending Mining Engineer, Mines And Geology Department, Bhilwara Circle, Bhilwara, Rajasthan.

2. The Mining Engineer, Bhilwara, Mines And Geology Department, Bhilwara, Rajasthan.

3. The Additional Directorate Of Mining (Environment And Development), Directorate, Department Of Mines And Geology, Udaipur, Rajasthan.

----Respondents

For Petitioner(s) : Ms. Suhani Dhariwal for Mr. Himanshu Choudhary For Respondent(s) : Mr. Mrigraj Singh Rathore

JUSTICE DINESH MEHTA

Order

16/11/2021

1. Learned counsel for the petitioner submits that the issue

involved in the present writ petition is squarely covered by the

judgment passed by this Court in case of Mohan Ram vs. State of

Rajasthan & Ors. (SBCWP No.9092/2021), which has been decided

by this Court vide its order dated 15.11.2021.

2. Learned counsel for the respondents is not in a position to

dispute the aforesaid factual position.

(2 of 2) [CW-11077/2021]

3. In view of the aforesaid and following the reasons given in

Mohan Ram vs. State of Rajasthan & Ors., the present writ

petition is allowed.

4. The appeal filed by the petitioner is restored to the dockets

of Appellate Authority. Petitioner will place a copy of this order

before the Appellate Authority, who in turn will intimate the date

of hearing to the petitioner, 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 34-Rahul/-

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