Sher Singh vs State Of Rajasthan And Ors
2022 Latest Caselaw 5904 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 1111/2017 Shiva Corporation India Limited Through Its Director Shri Yagya Pratap Singh Shekhawat S/o Shri Na, Having Its Registered Office At A-24, Ambabadi, Sikar Road, Jaipur- 302012 Rajasthan

----Appellant Versus

1. State Of Rajasthan Through Principal Secretary To Government, Mines Department, Government Secretariat, Jaipur.

2. Joint Secretary To Government, Mines Gr. 2 Department, Government Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Udaipur.

4. Superintending Mining Engineer, Department Of Mines And Geology, Bhilwara, Rajasthan

5. Assistant Mining Engineer, Tehsil Chittorgarh, District Chottorgarh Rajasthan.

6. Union Of India Through Secretary, Ministry Of Enviornment And Forest And Climate Change, Government Of India, Paryavaran Bhawan, C.g.o Complex, Lodhi And Road, New Delhi- 110003.

----Respondents D.B. Spl. Appl. Writ No. 471/2018 Himmat Singh, Son Of Shri Kalyan Singh Shekhawat, Resident Of 98, Rooprajat Township, Phase-11, Paal Road, Jodhpur Rajasthan.

----Appellant Versus

1. State Of Rajasthan Through The Principal Secretary To The Government, Mines Department, Government Secretariat, Jaipur.

2. Jt. Secretary To Government, Mines Gr. 2 Department, Government Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Udaipur.

4. Mining Engineer, Jodhpur.

5. Union Of India Through Secretary, Ministry Of Environment And Forest And Climate Change,

(2 of 7)

Government Of India, "paryavran Bhawan", C.g.o Complex, Lodhi Road, New Delhi- 110003.

----Respondents D.B. Spl. Appl. Writ No. 472/2018 Sher Singh Son Of Shri Mangal Singh, Resident Of 13, Shiv Nagar, Ajmer Road, Jaipur Rajasthan.

----Appellant Versus

1. State Of Rajasthan Through The Principal Secretary To The Government, Mines Department, Government Secretariat, Jaipur.

2. Jt. Secretary To Government, Mines Gr. 2 Department, Government Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Udaipur.

4. Superintendent Mining Engineer, Ajmer, Distt. Ajmer, Rajasthan.

5. Mining Engineer, Tehsil Makrana, District Nagar

6. Union Of India Through Secretary, Ministry Of Environment And Forest And Climate Change, Government Of India, Paryavranbhawan, C.g.o. Complex, Lodhi Road, New Delhi- 110003.

----Respondents D.B. Spl. Appl. Writ No. 473/2018 Ashu Singh Bhati, Son Of Shri Magan Singh Bhati, Resident Of 45, Pashchim Vihar, Vaishal Nagar, Jaipur Rajasthan.

----Appellant Versus

1. State Of Rajasthan Through The Principal Secretary To The Government, Mines Department, Government Secretariat, Jaipur.

2. Jt. Secretary To Government, Mines Gr. 2 Department, Government Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Udaipur.

4. Superintendent Mining Engineer, Bhilwara, Distt.

Bhilwara, Rajasthan.

5. Mining Engineer, Chittorgarh.

6. Union Of India Through Secretary, Ministry Of

(3 of 7)

Environment And Forest And Climate Change, Government Of India, Paryavranbhawan, C.g.o. Complex, Lodhi Road, New Delhi- 110003.

----Respondents D.B. Spl. Appl. Writ No. 601/2018 Abhimanyu Choudhary, Son Of Shri Naresh Kumar Choudhary, Resident Of C-57, Hanuman Nagar, Raghu Marg, Khatipura, Jaipur Rajasthan.

----Appellant Versus

1. State Of Rajasthan Through The Principal Secretary To The Government, Mines Department, Government Secretariat, Jaipur.

2. Jt. Secretary To Government, Mines Gr. 2 Department, Government Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Udaipur.

4. Superintendent Mining Engineer, Department Of Mines And Geology, Khanij Bhawan, Behind Udyog Bhawan, Jaipur.

5. Additional Director Mining Zone Udaipur, Udaipur.

6. Mining Engineer, Bhilwara

7. Union Of India Through Secretary, Ministry Of Environment And Forest And Climate Change, Government Of India, Paryavran Bhawan, C.g.o Complex, Lodhi Road, New Delhi- 110003.

----Respondents D.B. Spl. Appl. Writ No. 602/2018 Abhishek Choudhary, Son Of Shri Virendra Singh Choudhary, Resident Of 16, Jato Ka Mohalla, Gram Harnathpura, Shyampura Nuwa, Distt. Jhunjhunu.

----Appellant Versus

1. State Of Rajasthan Through The Principal Secretary To The Government, Mines Department, Government Secretariat, Jaipur.

2. Jt. Secretary To Government, Mines Gr. 2 Department, Government Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Udaipur.

(4 of 7)

4. Superintending Mining Engineer, Department Of Mines And Geology, Khanij Bhawan, Ajaad Nagar, Bhilwara.

5. Mining Engineer Department Of Mines And Geology Jodhpur., Khanij Bhawan, Ajaad Nagar, Distt. Bhilwara, Rajasthan.

6. Union Of India Through Secretary, Ministry Of Environment And Forest And Climate Change, Government Of India, "paryavran Bhawan", C.g.o Complex, Lodhi Road, New Delhi- 110003.

----Respondents D.B. Spl. Appl. Writ No. 603/2018 Shiva Corporation India Limited, Through Its Director Ashu Singh Bhati, Son Of Shri. Magan Singh, Having Its Registered Office At 312, Ganpati Plaza, M.i. Road, Jaipur Rajasthan.

----Appellant Versus

1. State Of Rajasthan Through Principal Secretary To The Government, Mines Department, Government Secretariat, Jaipur.

2. Jt. Secretary To Government, Mines Gr. 2 Department, Government Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Udaipur.

4. Superintendent Mining Engineer Sme-Iii, Department Of Mines And Geology, Khanij Bhawan, Shastri Circle, Udaipur.

5. Union Of India Through Secretary, Ministry Of Environment And Forest And Climate Change, Government Of India, Paryavran Bhawan, C.g.o Complex, Lodhi Road, New Delhi-110003.

----Respondents D.B. Spl. Appl. Writ No. 604/2018 Ashu Singh Bhati Son Of Shri Magan Singh Bhati, Resident Of 45, Pashchim Vihar, Vaishali Nagar, Jaipur Rajasthan.

----Appellant Versus

1. State Of Rajasthan Through The Principal Secretary To The Government, Mines Department, Government Secretariat, Jaipur.

(5 of 7)

2. Jt. Secretary To Government, Mines Gr. 2 Department, Government Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Udaipur.

4. Superintending Mining Engineer, Department Of Mines And Geology, Khanij Bhawan, Ajaad Nagar, Bhilwara.

5. Mining Engineer Department Of Mines And Geology, Khanij Bhawan, Ajaad Nagar, Distt. Bhilwara, Rajasthan.

6. Union Of India Through Secretary, Ministry Of Environment And Forest And Climate Change, Government Of India, "paryavran Bhawan", C.g.o Complex, Lodhi Road, New Delhi- 110003.

----Respondents D.B. Spl. Appl. Writ No. 620/2018 Rajasthan Fort And Palace Pvt. Ltd. Through Its Director Peter Dessa, Son Of Shri Samuel Dessa, Having Its Registered Office At 312, Ganpati Plaza, M.i. Road, Jaipur Rajasthan.

----Appellant Versus

1. State Of Rajasthan Through The Principal Secretary To The Government, Mines Department, Government Secretariat, Jaipur.

2. Jt. Secretary To Government, Mines Gr. 2 Department, Government Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Udaipur.

4. Mining Engineer, Chittorgarh.

5. Additional Director Mining, Udaipur Zone, Udaipur.

6. Union Of India Through Secretary, Ministry Of Environment And Forest And Climate Change, Government Of India, "paryavran Bhawan", C.g.o Complex, Lodhi Road, New Delhi- 110003.

----Respondents D.B. Spl. Appl. Writ No. 669/2018 Paras Sethi Son Of Shri Pradeep Kumar Sethi, Resident Of A- 189, New Friends Colony, New Delhi-110048

----Appellant Versus

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

(6 of 7)

Rajasthan, Secretariat, Jaipur

2. Joint Secretary To Government, Mines Gr.ii Department, Government Of Rajasthan, Government Secretariat, Jaipur.

3. Director, Mines And Geology Department, Government Of Rajasthan, Udaipur.

4. Assistant Mining Engineer, Department Of Mines And Geology, Tehsil Chauhtan, District Barmer, Rajasthan.

5. Suprintendant Mining Engineer, Mines And Geology Department, Jodhpur.

----Respondents

For Appellant(s) : Mr. Kuldeep Mathur, Senior Advocate assisted by Mr. Ankur Mathur For Respondent(s) : Mr. Sandeep Shah, AAG, assisted by Mr. Abhimanyu Singh Rathore Mr. Pooshan for Mr. B.P. Bohra Mr. Pranav Sharma for Mr. Jaideep Singh

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment / Order

22/04/2022

Learned counsel for the appellants Mr. Kuldeep Mathur,

Senior Advocate assisted by Mr. Ankur Mathur has submitted that

the controversy involved in these appeals are set at rest by the

Hon'ble Supreme Court in Special Leave Petition (Civil)

No.10587 of 2019 passed in Bajri Lease Lol Holders Welfare

Society Vs. The State of Rajasthan & Ors. decided on

11.11.2021 and, therefore, the matters may be remitted to the

State Government to decide the cases of the appellants in the

light of the order passed by the Hon'ble Supreme Court in Bajri

Lease Lol Holders Welfare Society (supra) and the subsequent

amendment brought by the State Government in Rule 5(4) of the

(7 of 7)

Rajasthan Minor Mineral Concession Rules, 2017 vide Notification

dated November 16th, 2021, pursuant to the order passed by the

Hon'ble Supreme Court.

Mr. Sandeep Shah, learned AAG appearing on behalf of the

respondents is not in a position to dispute the fact that the

controversy involved in these appeals is more or less covered by

the decision of the Hon'ble Supreme Court in Bajri Lease Lol

Holders Welfare Society (supra).

In view of the above, these appeals are disposed of. The

matters are remitted to the State Government for taking a

decision afresh in the light of the judgment of the Hon'ble

Supreme Court in Bajri Lease Lol Holders Welfare Society

(supra) and the amendment carried out by the State Government

in Rule 5(4) of Rajasthan Minor Mineral Concession Rules, 2017

vide Notification dated November 16th, 2021.

It is expected that the State Government shall decide the

present cases afresh expeditiously preferably within a period of

three months from the date of production of certified copy of this

order.

(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J

63-72-AjaySingh/-

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