Balvir Singh Rajpurohit vs State Of Rajasthan
2022 Latest Caselaw 7029 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 6676/2022

1. Balvir Singh Rajpurohit S/o Vijay Singh Rajpurohit, Aged About 42 Years,R/o Rajpurohit Mohalla, Randhisar, Parihara, Churu, Rajasthan - 331505

2. Rakesh S/o Likhama Ram, Aged About 27 Years, R/o Ward No.9, Randhisar, Churu, Rajasthan - 331505

----Petitioners Versus

1. State Of Rajasthan, Through The District Collector, Collectorate, Churu, Rajasthan

2. State Of Rajasthan, Through The Secretary, Department Of Forest, Aranya Bhawan, Jaipur.

3. The Director, Directorate Of Mines And Geology, Government Of Rajasthan, Khanij Bhawan, Udaipur, (Raj.)

4. The Mining Engineer, Mines And Geology Department, Churu (Raj.).

                                                                     ----Respondents


For Petitioner(s)           :     Mr. Sachin Saraswat
For Respondent(s)           :

HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

11/05/2022

This PIL has been filed alleging illegal mining over khasra no.

370, 372, 399, 400, 318 and 366 which is situated in village

Randhisar, Tehsil Sujangarh, District Churu, Rajasthan. The

averments made in the petition and the arguments of the learned

counsel for the petitioner is that though the petitioners are not

challenging the mining lease issued in favour of lease holders,

they aggrieved by the illegal mining being done beyond the leased

(2 of 2) [CW-6676/2022]

area, in respect of which, several representations have been made

to the authorities in the mining department but no action has been

taken.

We find that the petitioners have filed this petition making

certain allegations which are not very clear and specific in nature,

even the lease holders are not made parties in this writ petition.

Bare allegations of illegal mining has been made in this petition.

As the matter relates to mining, if the petitioner prefers a

fresh representation giving specific details of the area where illegal

mining is being operated, the authority who granted mining lease

in the area shall examine those complaints.

As the persons, in whose favour lease have been granted,

have not been made parties, we are not commenting upon the

merits of the case much less that any illegal mining is being done.

It would be matter of enquiry by the Director, Directorate of Mines

& Geology, (respondent No.3) or such other officer as may be

directed by Director, Directorate of Mines & Geology, (respondent

No.3). We make it clear that in any such enquiry, the lease holders

shall be accorded a proper opportunity of hearing and no order

shall be passed without hearing them and the enquiry shall be

done within a period of three months.

(FARJAND ALI),J (MANINDRA MOHAN SHRIVASTAVA),ACJ

22-nidhi/neha-

Powered by TCPDF (www.tcpdf.org)