Vijay Lal vs State Of Rajasthan (2023:Rj-Jd:41569)
2023 Latest Caselaw 10300 Raj

Rajasthan High Court - Jodhpur

Vijay Lal vs State Of Rajasthan (2023:Rj-Jd:41569) on 1 December, 2023

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2023:RJ-JD:41569]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                            JODHPUR
            S.B. Civil Writ Petition No. 18507/2018

Vijay Lal S/o Shri Gordhan Rebari, Aged About 51 Years,
Resident Of Village Kelwa, Tehsil And District Rajsamand,
Rajasthan.
                                                   ----Petitioner
                             Versus
1.     State   Of    Rajasthan,   Through   Secretary,     Mines
       Department, Government Of Rajasthan Secretariat,
       Jaipur.
2.     The Superintending, Mining Engineer, Mines And Geology
       Department, Rajsamand.
3.     The Mining Engineer, Mines And Geology Department
       Amet, District Rajsamand II.
4.     The Mining Engineer Recovery, Mines And Geology
       Department, Revenue Court, Rajsamand II.
                                               ----Respondents


For Petitioner(s)            :     Mr. Arvind Vyas
For Respondent(s)            :     Mr. Digvijay Singh Jasol



            HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

01/12/2023

An application (01/2023) has been preferred on behalf of the

petitioner for deciding the writ petition.

For the reasons mentioned in the application, the same is

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

matter is being heard and decided finally today itself.

Heard learned counsel for the parties.

The present writ petition has been filed for the following

reliefs:-

I. "by an appropriate writ, order or direction the order dated 26.04.2016 (Ann.2) and order dated 28.08.2018 [Anne.4] may be quashed and set aside; and restored the mining lease in favor of the petitioner, and

[2023:RJ-JD:41569] (2 of 2) [CW-18507/2018]

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 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 submission made by the learned counsel for the

petitioner.

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

26.04.2016 (Annex.-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 156-chhavi/-

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