Rajasthan High Court - Jodhpur
Kishan Singh vs State Of Rajasthan on 17 October, 2022
Bench: Pankaj Mithal, Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 6611/2021
1. Kishan Singh S/o Shri Lal Singh, Aged About 48 Years,
R/o Dungar Ji Ka Guda, Gram Panchayat, Janawad,
District Rajsamand. - Mobile No. 9799785252.
2. Mangilal S/o Shri Tulsi Ram, Aged About 47 Years, R/o
Dungar Ji Ka Guda, Tehsil Garbhor, Gram Panchayat,
Janawad, District Rajsamand. -Mobile No. 8769312621.
3. Ram Singh S/o Shri Dheer Singh, Aged About 60 Years,
R/o Dungar Ji Ka Guda, Tehsil Garbhor, Gram Panchayat,
Janawad, District Rajsamand.
4. Bheem Singh S/o Shri Devi Singh, Aged About 42 Years,
R/o Dungar Ji Ka Guda, Santhipa -District Rajsamand.
-Mobile No. 9783829266
5. Bhopal Singh S/o Shri Sawai Singh, Aged About 56 Years,
R/o Dungar Ji Ka Guda, Sathiya, Dist. Rajsamand. -
Mobile No. 9636929601.
----Petitioners
Versus
1. State Of Rajasthan, through Principal Secretary,
Department of Mines & Geology, Government Of
Rajasthan, Secretariat, Jaipur.
2. State Of Rajasthan, through the Secretary, Revenue
Department, Government of Rajasthan, Jaipur.
3. The Director, Mines & Geology Department, Directorate,
Khanij Bhawan, Udaipur.
4. The Additional Director, Department of Mines & Geology,
Rajsamand.
5. The Superintending Mining Engineer, Mines & Geology
Department, Rajsamand.
6. The District Collector, Collectorate, Rajsamand.
7. The Tehsildar, Tehsil - Garbhor, District Rajsamand.
8. Gram Panchayat, through Sarpanch, Janawad Tehsil
Garbhor, District Rajsamand.
9. Ashok Jain S/o Shri Chandanmal Jain, Aged about 62
years, R/o Near Petrol Pump, Deogarh Madaria, District
Rajsamand.
----Respondents
(2 of 3) [CW-6611/2021]
For Petitioner(s) : Mr. Ravi Bhansali, Sr. Advocate with
Mr. Dhanesh Saraswat and
Mr. Subham Modi
For Respondent(s) : Mr. Sandeep Shah, Sr. Advocate-cum-
AAG with Mr. Abhimanyu Singh
Mr. Manish Shishodia, Sr. Advocate
with Mr. Jaideep Singh
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
17/10/2022
Heard learned counsel for the parties.
This writ petition in public interest is regarding alleged illegal
mining activity on the pasture land of Khasra Nos.2, 35, 94, 122,
151 and 336 of Village Dungar Ji Ka Guda, Tehsil Garbhor, District
Rajsamand.
The petitioners, by means of this writ petition, want that the
aforesaid illegal mining activity which is being carried on by one
Shri Ashok Jain over 150 bigha of Gochar land be immediately
stopped and in the alternative, the villagers should be allotted
some alternative additional land for the purposes of pasture.
It is not in dispute that the aforesaid Shri Ashok Jain, who is
carrying on mining activity on the land of Khasra No.336, has a
mining lease in his favour since the year 1985. The mutation in
respect of the said mining purpose was carried out in the year
2002. Despite the above, the petitioners have not cared and taken
any steps to raise their above grievance earlier to it. This writ
petition has been filed in the year 2021. Therefore, the petition
suffers from gross delay and laches. Moreover, the petitioners
have not prayed for quashing of any mining lease granted in
favour of the alleged Shri Ashok Jain nor had impleaded him as
(3 of 3) [CW-6611/2021]
one of the parties. He got himself impleaded subsequently by
moving an application. The petitioners were aware that the mining
is being carried on by Shri Ashok Jain as is reflected from their
representation dated 15.09.2020 but even then, he was not
impleaded.
It has also been brought to the notice of the Court that the
mining lease granted in respect of an area of 24.828 hectares has
been renewed for a further period of 20 years w.e.f. 11.09.2005.
The petitioners have not averred and pleaded anywhere in
the writ petition that sufficient land for the purpose of pasture is
not otherwise available in the village.
In view of the aforesaid facts and circumstances, we dispose
of this writ petition with liberty to the petitioners to make a
representation, if so advised, for the purpose of allotment of
alternative land for pasture purposes if the land already available
for the said purpose is not sufficient. It goes without saying that
the State authorities would not renew or grant fresh lease for
mining purposes otherwise then following the strict procedure as
laid down in the Rajasthan Tenancy (Government) Rules, 1955.
The respondent authorities shall ensure that the lessee shall
not carry out any mining beyond the area of the lease granted to
him.
All pending applications and the writ petition stand disposed
of.
(SANDEEP MEHTA),J (PANKAJ MITHAL),CJ
26-Tikam/Sudhir Asopa/-
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