Rajasthan High Court

Ashok Kumar Jain Son Of Shri Tara ... vs State Of Rajasthan on 14 February, 2022

Bench: Inderjeet Singh

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 9083/2021

Ashok Kumar Jain Son Of Shri Tara Chand Jain, Aged About 66
Years, Resident Of Ward No 6, Firojpur, Jhirka, District Gurgaon
(Haryana)
                                                                     ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Secretary, Department Of
       Mines And Geology, Secretariat, Jaipur
2.     Joint Secretary To The Govt. Department Of Mines And
       Geology, Secretariat, Jaipur
3.     Director,   Mines      And      Geology,         Govt    Of     Rajasthan,
       Directorate Of Mines And Geology, Court Circle, Udaipur
4.     Additional Director, Mines, Department Of Mines And
       Geology, Kota Zone, Kota
5.     Mining Engineer, Department Of Mines And Geology,
       Bharatpur
                                                                ----Respondents

Connected With S.B. Civil Writ Petition No. 4170/2021 Smt Bala Devi Wife Of Shri Puran Mal Patel, Aged About 47 Years, Resident Of Village Post Tarval, Tehsil Kishangarh, District Alwar (Rajasthan)

----Petitioner Versus

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

2. Joint Secretary To The Govt. Department Of Mines And Geology, Secretariat, Jaipur

3. Director, Mines And Geology, Govt Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur

5. Mining Engineer, Department Of Mines And Geology, Alwar

----Respondents

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S.B. Civil Writ Petition No. 4175/2021 Smt Kiran Devi Wife Of Shri Satpal, Aged About 43 Years, Resident Of Village Post Tarwala, Tehsil Kishangarh, District Alwar (Rajasthan)

----Petitioner Versus

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

2. Joint Secretary To The Govt, Department Of Mines And Geology, Secretariat, Jaipur

3. Director, Mines And Geology, Govt Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur

5. Mining Engineer, Department Of Mines And Geology, Alwar

----Respondents S.B. Civil Writ Petition No. 4378/2021 Ramesh Jain Son Of Shri Bhanwar Lal Jain, Aged About 48 Years, Resident Of Opposite Jain Deevakar Library Mewari Gate, Beawar, District Ajmer (Rajasthan)

----Petitioner Versus

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

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat, Jaipur.

3. Director, Mines And Geology, Govt. Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur.

5. Mining Engineer, Department Of Mines And Geology, Beawar.

----Respondents S.B. Civil Writ Petition No. 4936/2021 Hari Ram Jat S/o Late Shri Sodan Jat, Aged About 41 Years, R/o Village Shrirampura, Post Kaseer, Tehsil Sarwar, District-Ajmer.

                                             (3 of 14)                    [CW-9083/2021]


                                                                      ----Petitioner
                                      Versus
1.     State      Of    Rajasthan,          Through          Principal     Secretary,

Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

2. Joint Secretary, Department Of Mines And Geology, Rajasthan, Secretariat, Jaipur.

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

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Superintendent Mining Engineer, Ajmer Circle, Ajmer.

6. Assistant Mining Engineer, Department Of Mines And Geology, Sarwar, District Ajmer.

----Respondents S.B. Civil Writ Petition No. 4937/2021 Rahul Sharma S/o Shri Rajendra Kumar Sharma, Aged About 35 Years, R/o C-53, Riico Housing Colony, Ajmer Road, Beawar District-Ajmer.

----Petitioner Versus

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

2. Joint Secretary, Department Of Mines And Geology, Rajasthan, Secretariat, Jaipur.

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

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Superintending Mining Engineer, Ajmer Circle, Ajmer.

6. Mining Engineer, Department Of Mines And Geology, Beawar.

----Respondents S.B. Civil Writ Petition No. 4943/2021 Nitin Kabra S/o Sh. Shiv Parsad Kabra, Aged About 40 Years, R/o Rajgarh, Tehsil-Nasirabad, District-Ajmer.

                                             (4 of 14)                    [CW-9083/2021]


                                                                      ----Petitioner
                                      Versus
1.     State      Of    Rajasthan,          Through          Principal     Secretary,

Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

2. Joint Secretary, Department Of Mines And Geology, Rajasthan, Secretariat, Jaipur.

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

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Mining Enginer, Department Of Mines And Geology, Ajmer.

----Respondents S.B. Civil Writ Petition No. 4944/2021

Akhil Sharma S/o Shri Rajendra Kumar Sharma, Aged About 32 Years, R/o C-53, Riico Housing Colony, Ajmer Road, Beawar, District-Ajmer.

----Petitioners Versus

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

2. Joint Secretary, Department Of Mines And Geology, Rajasthan, Secretariat, Jaipur.

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

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Mining Engineer, Department Of Mines And Geology, Beawar, District Ajmer.

----Respondents S.B. Civil Writ Petition No. 4945/2021 Nitin Kabra S/o Sh. Shiv Parsad Kabra, Aged About 40 Years, R/o Rajgarh, Tehsil-Nasirabad, District-Ajmer.

                                                                      ----Petitioner
                                      Versus



                                             (5 of 14)                    [CW-9083/2021]


1.     State      Of    Rajasthan,          Through          Principal     Secretary,

Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

2. Joint Secretary, Department Of Mines And Geology, Rajasthan, Secretariat, Jaipur.

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

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Mining Enginer, Department Of Mines And Geology, Ajmer.

----Respondents S.B. Civil Writ Petition No. 4946/2021 Nitin Kabra S/o Sh. Shiv Parsad Kabra, Aged About 40 Years, R/o Rajgarh, Tehsil-Nasirabad, District-Ajmer.

----Petitioner Versus

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

2. Joint Secretary, Department Of Mines And Geology, Rajasthan, Secretariat, Jaipur.

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

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Mining Enginer, Department Of Mines And Geology, Ajmer.

----Respondents S.B. Civil Writ Petition No. 4947/2021 Akhil Sharma S/o Shri Rajendra Kumar Sharma, Aged About 32 Years, R/o C-53, Riico Housing Colony, Ajmer Road, Beawar, District-Ajmer.

----Petitioner Versus

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

2. Joint Secretary, Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

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

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Mining Engineer, Department Of Mines And Geology, Beawar.

----Respondents S.B. Civil Writ Petition No. 4948/2021 Rahul Sharma S/o Shri Rajendra Kumar Sharma, Aged About 35 Years, R/o C-53, Riico Housing Colony, Ajmer Road, Beawar District- Ajmer.

----Petitioner Versus

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

2. Joint Secretary, Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

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

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Superintending Mining Engineer, Rajsamand-Circle, Rajsamand.

6. Mining Engineer, Department Of Mines And Geology, Amet (Rajasthan)

----Respondents S.B. Civil Writ Petition No. 4962/2021 Nitin Kabra S/o Sh. Shiv Parsad Kabra, Aged About 40 Years, R/o Rajgarh, Tehsil-Nasirabad, District-Ajmer.

----Petitioner Versus

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

2. Joint Secretary, Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

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

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Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Mining Enginer, Department Of Mines And Geology, Ajmer.

----Respondents S.B. Civil Writ Petition No. 5197/2021 Baba Ramdev Minerals Pvt Ltd., Village Dug, Tehsil Gangdhar, District Jhalawar, Through Partner Bhoora Ram Narwal, Son Of Shri Hukma Ram, Aged About 74 Years, Resident Of Village Siraswada, Tehsil Sojat, District Pali (Rajasthan)

----Petitioner Versus

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

2. Joint Secretary To The Govt. Department Of Mines And Geology, Secretariat, Jaipur.

3. Director, Mines And Geology, Govt. Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur.

5. Assistnat Mining Engineer, Department Of Mines And Geology, Jhalawar.

----Respondents S.B. Civil Writ Petition No. 5312/2021 Mamta Chaturvedi Wife Of Shri R N Chaturvedi, Aged About 51 Years, Resident Of B-387, Near Jain Mandir, Panchsheel Nagar, District Ajmer (Rajasthan)

----Petitioner Versus

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

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat, Jaipur.

3. Director, Mines And Geology, Govt. Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur.

4. Additional Director, Department of Mines & Geology, Jaipur Zone, Khaniz Bhawan, Jaipur

5. Mining Engineer, Department Of Mines And Geology,

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Ajmer.

----Respondents S.B. Civil Writ Petition No. 5371/2021 M/s Charbhuja Minerals, Proprietorship Firm Through Proprietor Rekha Solanki, Wife Of Shri Kanhaiya Lal Aged About 33 Years, Resident Of 701, Ballia Marg, Vinod Nagar, Beawar, District Ajmer (Rajasthan)

----Petitioner Versus

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

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat, Jaipur.

3. Director, Mines And Geology, Govt Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur.

5. Mining Enigneer, Department Of Mines And Geology, Beawar, Distt. Ajmer.

----Respondents S.B. Civil Writ Petition No. 5372/2021 M/s Dhanraj Minchem, Proprietorship Firm Through Proprietor Kanhaiya Lal, Son Of Shri Laxman Lal, Aged About 37 Years, Resident Of 701, Ballia Marg, Vinod Nagar, Beawar, District Ajmer (Rajasthan)

----Petitioner Versus

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

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat, Jaipur.

3. Director, Mines And Geology, Govt Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur.

5. Mining Enigneer, Department Of Mines And Geology, Beawar, Distt. Ajmer.

                                                                ----Respondents


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S.B. Civil Writ Petition No. 5386/2021 M/s Dhanraj Minchem, Proprietorship Firm Through Proprietor Kanhaiya Lal, Son Of Shri Laxman Lal, Aged About 37 Years, Resident Of 701, Ballia Marg, Vinod Nagar, Beawar, District Ajmer (Rajasthan)

----Petitioner Versus

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

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat, Jaipur.

3. Director, Mines And Geology, Govt Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur.

5. Mining Enigneer, Department Of Mines And Geology, Beawar, Distt. Ajmer.

----Respondents S.B. Civil Writ Petition No. 5455/2021 Shree Vinayak Corporation, Through Proprietor Smt Rekha Bhargava, Wife Of Shri Atul Bhargava, Aged About 46 Years, Resident Of 242/9, D H Building Hathibhata, Ajmer (Rajasthan)

----Petitioner Versus

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

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat, Jaipur.

3. Director, Mines And Geology, Govt Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur.

5. Mining Enigneer, Department Of Mines And Geology, Ajmer.

6. District Collector, Ajmer.

----Respondents S.B. Civil Writ Petition No. 7154/2021

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M/s Jainil Mines And Minerals, Registered Partnership Firm Having Its Registered Office At 234, First Floor, Lohia Bazar, Panch Batti, Ekta Circle, Beawar, District Ajmer Through Partner Jagdish Prasad Soliwal, Son Of Shri Nand Lal Soliwal, Aged About 60 Years, Resident Of Nand Bhawan, Teja Chowk, Beawar, District Ajmer (Rajasthan)

----Petitioner Versus

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

2. Joint Secretary To The Govt, Department Of Mines And Geology, Secretariat, Jaipur

3. Director, Mines And Geology, Govt Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur

4. Mining Engineer, Department Of Mines And Geology, Sojat City, Distt. Pali (Raj.)

----Respondents S.B. Civil Writ Petition No. 8869/2021 Vijender Singh Son Of Shri Sagar Singh, Aged About 42 Years, Resident Of Post Kirap, Tehsil Masuda, District Ajmer (Rajasthan)

----Petitioner Versus

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

2. Joint Secretary To The Govt, Department Of Mines And Geology, Secretariat, Jaipur.

3. Director, Mines And Geology, Govt. Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur Khaniz Bhawan, Jaipur

5. Mining Engineer, Department Of Mines And Geology, Ajmer.

----Respondents S.B. Civil Writ Petition No. 10920/2021 M/s Balaji Minerals, Office At 808, Okay Plus Tower, M.i. Road, Jaipur Through Its Partner Sh. Satya Narain Agarwal, Aged About 74 Years, S/o Late Shri Chhitar Mal Agarwal, R/o B 119, Janta Colony, Jaipur (Raj.)

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----Petitioner Versus

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

2. The Principal Secretary (Mines) And Chairman Of The Committee, State Of Rajasthan, Secretariat, Jaipur.

----Respondents

For Petitioner(s) : Mr. Ashwani Kumar Chobisa Mr. Sandeep Singh Shekhawat Mr. R.S. Mehta, Sr. Counsel assisted by Ms. Pallavi Mehta For Respondent(s) : Mr. R.P. Singh, AAG Mr. Jaivardhan Singh Shekhawat

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

14/02/2022

Counsel for the petitioners submitted that the issue involved

in these writ petitions has been considered and decided by the

Coordinate Bench of this court in the matter of M/s Kamlesh

Metacast Pvt. Limited Vs. State of Rajasthan & Ors. (S.B. Civil

Writ Petition No.13426/2020 decided on 25.06.2021) where in

para Nos. 8, 9, 15, 16 & 17 it has been held as under:-

"8. The said guidelines became part of the amendment made by the Central Government in the MMDR Act, 1957 w.e.f. 12.01.2015 and it was provided under the Mining Amendment Act that the composite license of mining as well as mining leases allotment shall be done exclusively by way of auction.

9. A perusal of the aforesaid provisions of the guidelines show that the said provisions are prospective in nature. Thus, after 30.10.2014 the applications could have been accepted by the State Government only by notifying in official gazette. However, the said guidelines do

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not in any manner restrict the pending applications, which were already considered and examined and land was already earmarked.

15. This Court further accepts the contention of the petitioner-company that the period from 30.11.2016 till the date of handing over possession in terms of the present order, shall be treated as dies non and shall be excluded from the period of three years license granted under the P.L. dated 24.12.2014. The amendments made subsequently in the MMDR Act, 1957 during pendency of this writ petition would not apply to the license granted on 24.12.2014 and the four months additional time required for completing the formalities shall be granted additionally.

16. Accordingly, in view of above findings and conclusions, the order dated 15.10.2020 is quashed and set aside. The respondents are now directed to handover the possession of the area as earmarked earlier for the mining purposes in terms of license granted to the petitioner-company dated 24.12.2014.

17. The writ petition is accordingly allowed. No costs."

The order dated 25.06.2021 passed by the learned Single

Judge was challenged by the State of Rajasthan before the

Division Bench of this court in D.B. Special Appeal (Writ)

No.754/2021 and the Division Bench of this court while dismissing

the appeal vide order dated 03.01.2022 observed as under:-

"Much emphasis has been laid on the part of the order of the Tribunal that the case was remanded to the State Government to take appropriate action as deemed fit as per law and, therefore, in exercise of this liberty, the State Government had taken decision afresh in the matter. We are not impressed by the submission. Learned Single Judge has rightly held that the order of the Tribunal having attained finality for want of any challenge, the State could not have fallen back on the same ground, which was not

(13 of 14) [CW-9083/2021]

appreciated but repelled by the Tribunal to hold against the State in the matter of cancellation of prospecting licence of the writ petitioner. Once the Tribunal held that even amended provision of law could not be applied retrospectively as prospecting licence was granted on 24.12.2014, after the remand, it was not open for the State authorities to fall back on another circular, which was only a guideline having no statutory force to hold that the grant of prospecting licence was bad in law. In the matter of grant of prospecting licence, the law, which held the field, was one which was existing prior to amendment with effect from 12.01.2015. In the absence of there being any provision in the Act as contemplated under the guidelines, it cannot be said that the grant of prospecting licence was in violation of provisions of the then existing law.

We also find that the learned Single Judge has rightly held that the guidelines, which were having no statutory force, were only prospective in nature. The reason assigned to again pass an order against the writ petitioner after the order passed by the Tribunal was very much available to be pressed into service by the appellant-State. Order of the Tribunal and the reply, which was filed before the Tribunal, also indicate that the State sought to defend its order dated 30.11.2016 not only on the basis of subsequent amendment, but the guidelines also, which were issued prior to grant of prospecting licence. However, such objections were not appreciated, much less accepted, resulting in order against the appellants-State by the Tribunal on 19.09.2018. The only course open for the State was to challenge the order of the Tribunal, which it never challenged. The remand order was not to re-examine the correctness of the procedure for grant of prospecting licence. There is nothing in the order passed by the Tribunal on 19.09.2018 which allowed the State to re-examine the legality and validity of prospecting licence granted to the writ petitioner on the ground that the guidelines or amendments were brought changing the procedure for grant of prospecting licence. The State clearly

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circumvented the order passed by the Tribunal and for that reason, we do not find that the order passed by the learned Single Judge recording specific finding in this regard suffers from any apparent error or illegality, so as to warrant interference.

In the result, we do not find any merit in this appeal and the appeal is, therefore, dismissed at the admission stage.

Mr. R.P. Singh AAG appearing on behalf of the State of

Rajasthan has not disputed the submissions made by counsel for

the petitioners.

In the light of the judgment passed by the Coordinate Bench

of this court in the matter of M/s. Kamlesh Metacast Vs. State of

Rajasthan (supra) which stood affirmed on appeal preferred being

dismissed by the Division Bench of this court, the impugned order

dated 10.02.2021 is set aside and the writ petitions are

accordingly disposed of. Copy of this order be separately placed in

each connected file.

(INDERJEET SINGH),J