Kailash Chand Tanwar vs State Of Rajasthan
2021 Latest Caselaw 15277 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13722/2021

Kailash Chand Tanwar S/o Shri Kalyandev Balai, Aged About 52 Years, Gadani, Tehsil Dudu, District Jaipur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Mines, Department Of Mines And Geology, Jaipur (Raj.).

2. Director, Mines And Geology Department, Shastri Nagar, Udaipur (Raj.).

3. Superintending Mining Engineer, Mines And Geology Department, Ajmer.

4. Assistant Engineer, Mines And Geology Department, Gotan, District Nagaur (Raj.).

----Respondents

For Petitioner(s) : Mr. Bhavit Sharma For Respondent(s) : Mr. Abhimanyu Singh Rathore for Mr. Sandeep Shah, AAG

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/10/2021

This writ petition has been filed by the petitioner challenging

the demand raised by the concerned Assistant Mining Engineer,

Mines and Geology Department on the ground that the petitioner

has excavated mineral Bajri (ctjh) carrying in excess of the bulk

density SG/GM/CC mentioned in the license issued to him.

Mr. Abhimanyu Singh for Mr. Sandeep Shah, learned AAG

appearing for the respondent - Mining and Geology Department

has submitted that the petitioner has an alternate remedy to file

appeal against the impugned demand. Learned counsel for the

(2 of 2) [CW-13722/2021]

respodnent, upon instructions, has also submitted that in the

event of filing appeal by the petitioner against the impugned

demand, the respondent - Mining and Geology Department shall

not take any coercive action against the petitioner till the disposal

of the appeal filed by him.

In view of the above submissions made by learned counsel

appearing for respondent - Mining and Geology Department,

learned counsel for the petitioner has submitted that he does not

want to press this writ petition, however, seek liberty for the

petitioner to file appeal before the appellate authority against the

impugned demand.

Accordingly, this writ petition is dismissed as not pressed.

However, the petitioner is at liberty to file appeal against the

impugned demand within a period of ten days from today. It is

expected that the appellate authority shall decide the said appeal

within a period of ten days from the date of filing of that appeal.

Till the final decision of that appeal, the respondent-Mining

and Geology Department shall not take any coercive action

against the petitioner pursuant to the impugned demand.

Stay petition also stands dismissed.

(VIJAY BISHNOI),J

153-Arun/-

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