Kasam Khan vs State Of Rajasthan
2022 Latest Caselaw 11761 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13025/2020

Kasam Khan S/o Shri Mohammad Khan, Aged About 52 Years, R/ o Kandhari Pada, Tehsil And District Jaisalmer, Rajasthan.

----Petitioner Versus

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

2. The Director, Mines And Geology Department, Khanij Bhawan, Udaipur.

3. The Additional Director Mines, Mines And Geology Department, Bikaner Zone, Bikaner.

4. The Superintending Mining Engineer, Mines And Geology Department, Bikaner Zone, Bikaner.

5. The Mining Engineer, Mines And Geology Department, Jaisalmer.

                                                                 ----Respondents


For Petitioner(s)          :    Mr. DLR Vyas
For Respondent(s)          :    Mr. MS Rathore

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 21/09/2022

The case comes up on an application (Inward No. 1/22)

preferred by the petitioner for early hearing of the matter.

The same is not opposed by learned counsel for the

respondents.

For the reasons mentioned in the application, the same is

allowed and the matter is taken up for hearing.

With the consent of the learned counsel for the parties, the

matter is heard and being decided today itself.

The present writ petition has been filed for the following

reliefs:

"(I) by an appropriate writ, order or direction the order dated 20.08.2019 (Annex.2) may be quashed and set

(2 of 2) [CW-13025/2020]

aside and the mining lease in question may be ordered to be restored.

(ii) by an appropriate writ, order or direction, till restoration of mining lease as aforesaid is ordered by this Hon'ble Court, the respondents may be restrained from putting the mining lease area in question on auction for re-allotment to any other person."

Learned counsel for the petitioner submits that the

controversy involved in the present case is squarely covered by a

judgment of this Court dated 06.11.2017 (Annexure-5) delivered

in S.B. Civil Writ Petition No.14717/2016 (M/s Sojat Lime

Company Vs. State of Rajasthan & Ors.).

Learned counsel for the respondents is not in a position to

refute the submissions made by the learned counsel for the

petitioner.

Thus, the writ petition is allowed. The impugned order dated

20.08.2019 (Annexure-2) is quashed and set aside.

The petitioner shall be allowed to proceed with the mining

subject to his deposition of the balance amount along with the

penalty etc. as calculated by the respondents authority in terms of

the Rules prevailing on the subject. The said amount shall be

determined within one month from today and the petitioner shall

deposit the said amount within one month thereafter.

(VINIT KUMAR MATHUR),J 123-nitin/-

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