Pooran Mal Aswal S/O Shri Ramniwas ... vs State Of Rajasthan
2021 Latest Caselaw 6104 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              D.B. Special Appeal Writ No. 746/2021

Pooran Mal Aswal S/o Shri Ramniwas Aswal, Aged About 63
Years, R/o Shiv Colony, Manoharpur, Near Vikas Dharamkanta,
Tehsil Shahpura, Jaipur - 303104.
                                                                        ----Appellant
                                      Versus
1.      State Of Rajasthan Through Additional Chief Secretary,
        Department Of Mines and Petroleum, Government Of
        Rajasthan, Government Secretariat, Jaipur.
2.      Mining      Engineer,      Jaipur,     Department          Of    Mines   And
        Geology, Fifth Floor, Khanij Bhawan, Tilak Marg, C-
        Scheme, Jaipur.
3.      Assistant Mining Engineer, Department Of Mines And
        Geology, Fifth Floor, Khanij Bhawan, Tilak Marg, C-
        Scheme, Jaipur.
                                                                   ----Respondents

For Appellant(s) : Mr. Krishnaveer Singh, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Judgment

28/10/2021

This appeal has been filed by the appellant-petitioner

(for short, 'the appellant') challenging the order dated 17.8.2021

passed by the learned Single Judge, whereby the writ petition filed

by the appellant has been dismissed.

Admittedly, remedy of an appeal is provided in law

against the order dated 22.7.2021 passed by the Assistant Mining

Engineer, Jaipur.

(2 of 2) [SAW-746/2021]

We are of the considered view that when remedy of an

appeal is available to the appellant, without availing the same, the

writ petition is not maintainable. The appellant is, therefore, free

to file an appeal against the order dated 22.7.2021 passed by the

Assistant Mining Engineer, Jaipur.

However, if such an appeal is filed by the appellant

against the order dated 22.7.2021 within two weeks from today,

the appellate authority shall consider and decide the same in

accordance with law, without being influenced by the order dated

17.8.2021 passed by the learned Single Judge in S.B. Civil Writ

Petition No.8798/2021.

The appeal stands disposed of accordingly.

Consequent upon the disposal of the appeal, stay

application also stands disposed of accordingly.

(VINOD KUMAR BHARWANI),J (PRAKASH GUPTA),J

DK/60

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