Lrs Of Late Smt. Najri Devi W/O ... vs State Of Rajasthan
2022 Latest Caselaw 8612 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7036/2022

Lrs Of Late Smt. Najri Devi W/o Shankar Lal Ji Pitaliya, Through Legal Heir Shri Shankarlal Pitaliya S/o Shri Nathulal Ji Aged About 70 Years, R/o 62-63, Kanchipuram Society, Bhilwara (Rajasthan)

----Petitioner Versus

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

2. Director, Mines And Geology Department, Udaipur

3. The Additional Director, Mines And Geology Department, Kota.

4. The Mining Engineer, Mines And Geology Department Bundi, Rajasthan.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Arvind Vyas
                               Mr. Amit Vyas
For Respondent(s)        :

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

04/07/2022

Learned counsel for the petitioner has submitted that

possession of the mining quarry was taken by the Mining

Department on 05.03.2009 and the same is with it till date.

It is argued that the Division Bench of this Court in D.B.

Special Appeal No.3129/2004 - State of Rajasthan & Ors.

Vs. M/s Jaishree Ram Limes decided on 08.07.2005 has

already held that the Mining Department cannot charge the dead

rent or any other charges for the period the mining quarry is in its

possession. It is submitted that despite the order of this Court, the

(2 of 2) [CW-7036/2022]

Mining Department is insisting the petitioner to deposit charges for

the period when the mining quarry was in its possession.

Issue notice. Issue notice of stay application also.

In the meantime, no coercive action shall be taken against

the petitioner pursuant to the order dated 13.04.2022 (Annex.6)

passed by the respondent No.3.

(VIJAY BISHNOI),J 68-mohit/-

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