Presta Devi vs State Of Rajasthan
2021 Latest Caselaw 15468 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13788/2021

Presta Devi W/o Mahendra Kumar, Aged About 46 Years, R/o Chotiyon Ka Bas, Jasnagar, District Nagaur (Raj.).

----Petitioner Versus

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

2. The Director, Mines And Geology Department, Khanij Bhawan, Udaipur.

3. The Superintending Engineer, Mines And Geology Department, Ajmer Circle, Ajmer.

4. The Assistant Mining Engineer, Mines And Geology Department, Gotan, District Nagaur.

                                                                ----Respondents


For Petitioner(s)         :     Mr. L. S. Udawat
For Respondent(s)         :     Mr. D.S. Jasol, AGC



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

05/10/2021

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. Digvijay Singh Jasol learned AGC 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 AGC, upon instructions, has also

submitted that in the event of filing appeal by the petitioner

(2 of 2) [CW-13788/2021]

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 AGC

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

52-Arun/-

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