M/S Singhal Stone Crushing ... vs State Of Rajasthan
2021 Latest Caselaw 6388 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 5230/2020
M/s Singhal Stone Crushing Company, Village Lakher, Tehsil
Amer, District Jaipur Through Partner Ankur Singhal, Son Of Shri
Naresh Kumar Singhal, Aged About 30 Years, Resident Of Village
Lakher, Tehsil Amer, District Jaipur (Rajasthan)
                                                                    ----Petitioner
                                    Versus
1.     State    Of    Rajasthan,          Through          Principal   Secretary,
       Department Of Mines And Geology, Secretariat, Jaipur
2.     Joint Secretary, Govt Of Rajasthan, Mines (Group-2)
       Department, Secretariat, Jaipur
3.     Additional Director, Mines (E And D), Department Of
       Mines And Geology, Govt Of Rajasthan, Directorate Of
       Mines And Geology, Court Circle, Udaipur
4.     Superintendent Mining Engineer, Department Of Mines
       And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Tilak
       Marg, Jaipur
5.     Mining Engineer, Department Of Mines And Geology,
       Khaniz Bhawan, Tilak Marg, Jaipur
                                                                 ----Respondents

For Petitioner(s) : Mr. Ashwani Kumar Chobisa For Respondent(s) : Mr. Jaivardhan Singh Shekhawat Mr. R.P. Singh, AAG

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

11/11/2021

On 02.07.2020, this Court passed the following order:-

"Learned counsel for the petitioners submits that the respondents have imposed penalty upon the petitioners on charges of illegal mining. It is further submitted that inspection was carried out two times but both the inspections were carried out in absence of the petitioners without giving any notice of the inspection. The petitioners

(2 of 2) [CW-5230/2020]

preferred an appeal before the Appellate Authority in which notices have been served upon the Assistant Mining Engineer but the Appellate Authority is not deciding the appeal and it has been kept pending without any reason. It is also submitted that during the pendency of the appeal, respondents have started proceedings for cancellation of mining lease Learned counsel has referred judgment of Hon'ble High Court of D.B. Civil Special Appeal No.398/2001, titled as Mewar Marbles Ltd. Vs. State of Rajasthan decided on 09.01.2020.

Perused the material available on recod. Issue notice to the respondents, returnable within four weeks. In the meanwhile, no coercive action shall be taken against the petitioners.

List these cases after four weeks."

Admittedly, the petitioner has availed the alternative

remedy of appeal before the Appellate Authority and the appeal

filed by the petitioner is still pending along with stay application.

In that view of the matter, I dispose of this writ petition with

a direction to the Appellate Authority to decide the appeal filed on

behalf of the petitioner within a period of sixty days after

receiving the certified copy of this order.

Interim order passed by this Court on 02.07.2020 shall

continue till disposal of the appeal.

(INDERJEET SINGH),J

Upendra Pratap Singh /110

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