Balveer Singh S/O Shri Karan Singh vs The State Of Rajasthan
2021 Latest Caselaw 6217 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 D.B. Civil Writ Petition No. 2032/2021

Balveer Singh S/o Shri Karan Singh, Aged About 50 Years, R/o
Village Seel Bhakri Tehsil Parbatsar District Nagour.
                                                                      ----Petitioner
                                     Versus
1.        The State Of Rajasthan, Through Principal Secretary To
          Government, Mines Department, The Government Of
          Rajasthan, Secretariat, Jaipur.
2.        The Director, Mines And Geology Department, Khanij
          Bhawan, Udaipur.
3.        The Superintending Mining Engineer, Mines And Geology
          Department, Bharatpur.
4.        The   Assistant       Mining    Engineer,        Mines      And   Geology
          Department, Sawai Madhopur.
                                                                  ----Respondents

For Petitioner(s) : Mr. Ankit Bishnoi on behalf of Mr. Manish Sharma For Respondent(s) :

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE KUMARI JUSTICE REKHA BORANA

Order

08/11/2021

The petitioner has challenged Rule 5 of the Rajasthan Minor

Mineral Concession Rules, 2017 and a consequential

rejection/cancellation of Letter of Intent issued to the petitioner in

respect of a strip of land of 30 metres width.

Learned counsel for the petitioner candidly stated that

identical issues raised by the petitioner in the present petition

came up for consideration before the Division Bench of this Court

in case of M/s Rana Marbles and Mines Vs. State of

(2 of 2) [CW-2032/2021]

Rajasthan and Ors. (DB Civil Writ Petition No.5305/2017)

decided on 16.04.2019. The group of petitions were dismissed.

Challenge to the vires of Rule 5 and 89 of the said Rules of 2017

was rejected. Counsel pointed out that against the said judgment

of the Division Bench, some of the aggrieved petitioners have

approached the Supreme Court and the challenge is pending.

Despite pendency of the appeal against the Division Bench

judgment of this Court, the ratio laid down in the decision

continues to operate and bind us.

In that view of the matter, without recording separate

reasons, respectfully following the judgment of Division Bench of

this Court in the case of M/s Rana Marbles and Mines (supra),

this petition is dismissed.

                                   (REKHA BORANA),J                                                    (AKIL KURESHI),CJ

                                   Kamlesh Kumar/N.Gandhi/13









Powered by TCPDF (www.tcpdf.org)