M/S Panchmukhi Stone Pvt.Ltd vs State Of Rajasthan
2022 Latest Caselaw 1265 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1121/2020

M/s Panchmukhi Stone Pvt.ltd., 49-50, Shastri Nagar, Bhilwara Through Authorized Signatory Balwant Singh S/o Shri Bhanwar Lal Aged 48 Year, Resident Of 49-50, Shastri Nagar, District Bhilwara (Rajasthan).

----Petitioner Versus

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

2. The Additional Director, Mines (E And D), Rajasthan, Udaipur.

3. The Mining Engineer, Mines And Geology Department, Bijoliya, Distt. Bhilwara.

----Respondents

For Petitioner(s) : Mr. Shailesh Agarwal For Respondent(s) : Mr. Mrigraj Singh Rathore Both through VC

JUSTICE DINESH MEHTA

Order

27/01/2022

1. The present writ petition has been filed with the following

prayers :

"i. The respondents may kindly be directed to supply information to the petitioner regarding the outstanding amount for the period the quarry license remained in possession of the humble petitioner and the petitioner may further be given appropriate time period to deposit the same with the respondents.

ii. The respondents may kindly be further directed to permit the petitioner to continue with the mining activities without any obstruction of any kind.

(2 of 3) [CW-1121/2020]

iii. Any other appropriate relief which this Hon'ble High Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."

2. Mr. Agarwal, learned counsel for the petitioner, invited

Court's attention towards the impugned decision dated

14.08.2019 passed by the Joint Secretary, Department of Mines

and Geology, Rajasthan, Jaipur and submitted that petitioner's

appeal has been rejected by the Secretary inter alia observing

that the petitioner has failed to show any documentary evidence

by which the Mining Engineer had asked to deposit the amount

due for the period even when the mining lease was not in

possession (during which the quarry license remained cancelled).

3. A reply to the writ petition has been filed along with a

calculation (Annex.R/3) showing a sum of Rs.85,25,527/- to be

due against the petitioner.

4. Learned counsel for the petitioner submitted that in light of

judgments of this Court in the case of M/s Mahadev Mineral &

Chemical, Nagaur Vs. State of Rajasthan & Ors : SB Civil Writ

Petition No.7993/2014, decided on 10.03.2015 and Rampal Vs.

State of Rajasthan & Ors : SB Civil Writ Petition No.1588/2002,

decided on 22.01.2013, the State cannot recover the amount for

the period when the quarry license was terminated/remained

suspended.

5. Be that as it may.

6. The demand notice has been enclosed by the respondents in

the reply. If the petitioner wants to avail the remedy against such

demand, he may avail the same or file a writ petition challenging

the demand so raised by the respondents on the grounds

(3 of 3) [CW-1121/2020]

available. But, in absence of requisite facts and grounds no

adjudication can be made in relation to the demand (Annex.R/3).

7. In view of the above, the writ petition is dismissed, with

liberty to the petitioner to challenge calculation of amount in

accordance with law.

8. Stay application too stands dismissed accordingly.

(DINESH MEHTA),J 1-A.Arora/-

Powered by TCPDF (www.tcpdf.org)