Bhagwan Singh Rathore vs State Of Rajasthan
2021 Latest Caselaw 17724 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15648/2021

Bhagwan Singh Rathore S/o Gopal Singh Rathore, Aged About 35 Years, Near Kray Vikray Samiti, Panchayat Samiti Road, Ashind Tehsil Bhilwara, District Rajsamand (Rajasthan).

----Petitioner Versus

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

2. The Deputy Secretary (Mines Department), Government Of Rajasthan, Secretariat, Jaipur.

3. The Additional Director (Mines), Mines And Geology Department, Directorate, Udaipur.

4. The Mining Engineer, Mines And Geology Department, Bhilwara.

----Respondents

For Petitioner(s) : Mr. Kuldeep Vaishnav For Respondent(s) : Mr. Mrigraj Singh Rathore

JUSTICE DINESH MEHTA

Order

25/11/2021

1. Learned counsel for the petitioner submits that the issue

involved in the present writ petition is squarely covered by the

judgment of this Court rendered in the case of Mohan Ram vs.

State of Rajasthan & Ors being SBCWP No.9092/2021 vide order

dated 15.11.2021.

2. He, however, points out that the small difference in the

present writ petition is that the order impugned has been passed

(2 of 2) [CW-15648/2021]

by the Revisional Authority in exercise of powers available under

Rule 64 of the Rajasthan Minor Mineral Concession Rules, 2017.

3. Mr. Mrigraj Singh Rathore, learned counsel for the

respondents is not in a position to dispute the facts and law.

4. Following the reasons given in the case of Mohan Ram

(supra), the present writ petition is allowed.

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

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

before the Revisional 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 the case 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 application also stands disposed of accordingly.

(DINESH MEHTA),J

40-Ramesh/-

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