Rajasthan High Court

State Of Rajasthan vs Vijender Singh Son Of Shri Sagar ... on 3 February, 2023

Bench: Inderjeet Singh

[2023/RJJP/001567]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Review Petition (Writ) No. 193/2022

                                         In

                 S.B. Civil Writ Petition No.9083/2021

1.       State Of Rajasthan, Through Secretary, Department Of
         Mines And Geology, Secretariat, Jaipur
2.       Joint Secretary To The Govt., Department Of Mines And
         Geology, Secretariat, Jaipur
3.       Director,   Mines      And      Geology,        Govt.    Of   Rajasthan,
         Directorate Of Mines And Geology, Court Circle, Udaipur
4.       Additional Director, Mines, Department Of Mines And
         Geology, Kota Zone, Kota
5.       Mining Engineer, Department Of Mines And Geology,
         Bharatpur
                                                                   ----Petitioners
                                     Versus
Ashok Kumar Jain, Son Of Shri Tara Chand Jain, Aged About 66
Years, Resident Of Ward No. 6, Firojpur, Jhirka, District Gurgaon
(Haryana)
                                                                  ----Respondent

Connected With S.B. Review Petition (Writ) No. 208/2022 In S.B. Civil Writ Petition No.7154/2021

1. State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur

2. Joint Secretary To The Govt, Department Of Mines And Geology, Secretariat, Jaipur

3. Director, Mines And Geology, Govt Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur

4. Mining Engineer, Department Of Mines And Geology, Sojat City, Distt. Pali (Raj.)

----Petitioners Versus M/s Jainil Mines And Minerals, Registered Partnership Firm

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Having Its Registered Office At 234, First Floor, Lohia Bazar, Panch Batti, Ekta Circle, Beawar, District Ajmer Through Partner Jagdish Prasad Soliwal, Son Of Shri Nand Lal Soliwal, Aged About 60 Years, Resident Of Nand Bhawan, Teja Chowk, Beawar, District Ajmer (Rajasthan)

----Respondent S.B. Review Petition (Writ) No. 209/2022 IN S.B. Civil Writ Petition No.4948/2021

1. State Of Rajasthan, Through Principal Secretary, Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

2. Joint Secretary, Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Rajasthan, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Superintending Mining Engineer, Rajsamand-Circle, Rajsamand.

6. Mining Engineer, Department Of Mines And Geology, Amet (Rajasthan)

----Petitioners Versus Rahul Sharma S/o Shri Rajendra Kumar Sharma, R/o C-53, Riico Housing Colony, Ajmer Road, Beawar District- Ajmer.

----Respondent S.B. Review Petition (Writ) No. 211/2022 IN S.B. Civil Writ Petition No.5386/2021

1. State Of Rajsthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat, Jaipur

3. Director, Mines And Geology, Govt. Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur

4. Additional Director, Department Of Mines And Geology,

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Jaipur Zone, Jaipur, Khaniz Bhawan Jaipur.

5. Mining Enigneer, Department Of Mines And Geology, Beawar Distt. Ajmer.

----Petitioners Versus M/s Dhanraj Minchem, Proprietorship Firm Through Proprietor Kanhaiya Lal, Son Of Shri Laxman Lal, Aged About 37 Years, Resident Of 701, Ballia Marg, Vinod Nagar, Beawar, District Ajmer (Rajasthan)

----Respondent S.B. Review Petition (Writ) No. 213/2022 IN S.B. Civil Writ Petition No.4944/2021

1. State Of Rajasthan, Through Principal Secretary, Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

2. Joint Secretary, Department Of Mines And Geology, Rajasthan, Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Rajasthan, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Mining Engineer, Department Of Mines And Geology, Beawar, District Ajmer.

----Petitioners Versus Akhil Sharma S/o Shri Rajendra Kumar Sharma, Aged About 32 Years, R/o C-53, Riico Housing Colony, Ajmer Road, Beawar, District-Ajmer.

----Respondent S.B. Review Petition (Writ) No. 214/2022 In S.B. Civil Writ Petition No.4947/2021

1. State Of Rajasthan, Through Principal Secretary, Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

2. Joint Secretary, Department Of Mines And Geology,

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Rajasthan, Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Rajasthan, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Mining Engineer, Department Of Mines And Geology, Beawar.

----Petitioners Versus Akhil Sharma S/o Shri Rajendra Kumar Sharma, Aged About 32 Years, R/o C-53, Riico Housing Colony, Ajmer Road, Beawar, District - Ajmer.

----Respondent S.B. Review Petition (Writ) No. 215/2022 In S.B. Civil Writ Petition No.5312/2021

1. State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat, Jaipur

3. Director, Mines And Geology, Govt. Of Rajasthan, Directorate Of Mines And Geology, Court Circle Udaipur

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Khaniz Bhawan, Jaipur

5. Mining Engineer, Department Of Mines And Geology, Ajmer

----Petitioners Versus Mamta Chaturvedi Wife Of Shri R N Chaturvedi, Aged About 51 Years, Resident Of B-387, Near Jain Mandir, Panchsheel Nagar, District Ajmer (Rajasthan)

----Respondent S.B. Review Petition (Writ) No. 216/2022 In S.B. Civil Writ Petition No.5197/2021

1. State Of Rajasthan, Through Secretary Department Of

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Mines And Geology, Secretariat, Jaipur

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat Jaipur

3. Director Mines And Geology, Govt Of Rajasthan Directorate Of Mines And Geology, Court Circle, Udaipur

4. Additional Director Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan Jaipur

5. Assistant Mining Engineer, Department Of Mines And Geology, Jhalawar

----Petitioners Versus Baba Ramdev Minerals Pvt. Ltd., Village Dug, Tehsil Gangdhar, District Jhalawar Through Partner Bhoora Ram Narwal, Son Of Shri Hukma Ram, Aged About 74 Years, Resident Of Village Siraswada, Tehsil Sojat, District Pali (Rajasthan)

----Respondent S.B. Review Petition (Writ) No. 9/2023 In S.B. Civil Writ Petition No.5372/2021

1. State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat, Jaipur.

3. Director, Mines And Geology, Govt Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur.

5. Mining Enigneer, Department Of Mines And Geology, Beawar, Distt. Ajmer.

----Respondent S.B. Review Petition (Writ) No. 10/2023

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In S.B. Civil Writ Petition No.4945/2021

1. State Of Rajasthan, Through Principal Secretary, Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

2. Joint Secretary, Department Of Mines And Geology, Rajasthan, Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Rajasthan, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Mining Engineer, Department Of Mines And Geology, Ajmer.

----Petitioners Versus Nitin Kabra S/o Sh. Shiv Parsad Kabra, Aged About 40 Years, R/o Rajgarh, Tehsil-Nasirabad, District-Ajmer.

----Respondent S.B. Review Petition (Writ) No. 11/2023 In S.B. Civil Writ Petition No.4378/2021

1. State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat, Jaipur.

3. Director, Mines And Geology, Govt. Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur.

5. Mining Engineer, Department Of Mines And Geology, Beawar.

----Petitioners Versus Ramesh Jain Son Of Shri Bhanwar Lal Jain, Aged About 48 Years, Resident Of Opposite Jain Deevakar Library Mewari Gate, Beawar, District Ajmer (Rajasthan)

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----Respondent S.B. Review Petition (Writ) No. 12/2023 In S.B. Civil Writ Petition No.4946/2021

1. State Of Rajasthan, Through Principal Secretary, Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

2. Joint Secretary, Department Of Mines And Geology, Rajasthan, Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Rajasthan, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Mining Enginer, Department Of Mines And Geology, Ajmer.

----Petitioners Versus Nitin Kabra S/o Sh. Shiv Parsad Kabra, Aged About 40 Years, R/o Rajgarh, Tehsil-Nasirabad, District-Ajmer.

----Respondent S.B. Review Petition (Writ) No. 13/2023 In S.B. Civil Writ Petition No.10920/2021

1. State Of Rajasthan, Through The Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

2. The Principal Secretary (Mines) And Chairman Of The Committee, State Of Rajasthan, Secretariat, Jaipur.

----Petitioners Versus M/s Balaji Minerals, Office At 808, Okay Plus Tower, M.i. Road, Jaipur Through Its Partner Sh. Satya Narain Agarwal, Aged About 74 Years, S/o Late Shri Chhitar Mal Agarwal, R/o B 119, Janta Colony, Jaipur (Raj.)

----Respondent S.B. Review Petition (Writ) No. 14/2023 In S.B. Civil Writ Petition No.5455/2021

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1. State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat, Jaipur.

3. Director, Mines And Geology, Govt Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur.

5. Mining Enigneer, Department Of Mines And Geology, Ajmer.

6. District Collector, Ajmer.

----Petitioners Versus Shree Vinayak Corporation, Through Proprietor Smt Rekha Bhargava, Wife Of Shri Atul Bhargava, Aged About 46 Years, Resident Of 242/9, D H Building Hathibhata, Ajmer (Rajasthan)

----Respondent S.B. Review Petition (Writ) No. 15/2023 In S.B. Civil Writ Petition No.4937/2021

1. State Of Rajasthan, Through Principal Secretary, Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

2. Joint Secretary, Department Of Mines And Geology, Rajasthan, Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Rajasthan, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Superintending Mining Engineer, Ajmer Circle, Ajmer.

6. Mining Engineer, Department Of Mines And Geology, Beawar.

----Petitioners Versus Rahul Sharma S/o Shri Rajendra Kumar Sharma, Aged About 35 Years, R/o C-53, Riico Housing Colony, Ajmer Road, Beawar District-Ajmer.

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----Respondent S.B. Review Petition (Writ) No. 16/2023 In S.B. Civil Writ Petition No.4943/2021

1. State Of Rajasthan, Through Principal Secretary, Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

2. Joint Secretary, Department Of Mines And Geology, Rajasthan, Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Rajasthan, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Mining Enginer, Department Of Mines And Geology, Ajmer.

----Petitioners Versus Nitin Kabra S/o Sh. Shiv Parsad Kabra, Aged About 40 Years, R/o Rajgarh, Tehsil-Nasirabad, District-Ajmer.

----Respondent S.B. Review Petition (Writ) No. 17/2023 In S.B. Civil Writ Petition No.5371/2021

1. State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat, Jaipur.

3. Director, Mines And Geology, Govt Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur.

5. Mining Enigneer, Department Of Mines And Geology, Beawar, Distt. Ajmer.

----Petitioners Versus M/s Charbhuja Minerals, Proprietorship Firm Through Proprietor Rekha Solanki, Wife Of Shri Kanhaiya Lal Aged About 33 Years,

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Resident Of 701, Ballia Marg, Vinod Nagar, Beawar, District Ajmer (Rajasthan)

----Respondent S.B. Review Petition (Writ) No. 18/2023 In S.B. Civil Writ Petition No.4170/2021

1. State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Rajasthan, Secretariat, Jaipur

2. Joint Secretary To The Govt. Department Of Mines And Geology, Secretariat, Jaipur

3. Director, Mines And Geology, Govt Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur

5. Mining Engineer, Department Of Mines And Geology, Alwar.

----Petitioners Versus Smt Bala Devi Wife Of Shri Puran Mal Patel, Aged About 47 Years, Resident Of Village Post Tarval, Tehsil Kishangarh, District Alwar (Rajasthan)

----Respondent S.B. Review Petition (Writ) No. 19/2023 In S.B. Civil Writ Petition No.4175/2021

1. State Of Rajasthan, Through Secretary, Department Of Mines And Geology Rajasthan, Secretariat, Jaipur

2. Joint Secretary To The Govt., Department Of Mines And Geology, Secretariat, Jaipur

3. Director, Mines And Geology, Govt Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur, Khaniz Bhawan, Jaipur

5. Mining Engineer, Department Of Mines And Geology, Alwar

----Petitioners

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Versus Smt. Kiran Devi, Wife Of Shri Satpal, Aged About 43 Years, Resident Of Village Post Tarwala, Tehsil Kishangarh, District Alwar (Rajasthan)

----Respondent S.B. Review Petition (Writ) No. 20/2023 In S.B. Civil Writ Petition No.4936/2021

1. State Of Rajasthan, Through Principal Secretary, Department Of Mines And Geology Rajasthan, Secretariat, Jaipur.

2. Joint Secretary To The Govt., Department Of Mines And Geology, Rajasthan, Secretariat, Jaipur.

3. Director, Department Of Mines And Geology, Rajasthan, Udaipur.

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur.

5. Superintendent Mining Engineer, Ajmer Circle, Ajmer.

6. Assistant Mining Engineer, Department Of Mines And Geology, Sarwar, District Ajmer.

----Petitioners Versus Hari Ram Jat S/o Late Shri Sodan Jat, Aged About 41 Years, R/o Village Shrirampura, Post Kaseer, Tehsil Sarwar, District-Ajmer.

----Respondent S.B. Review Petition (Writ) No. 21/2023 In S.B. Civil Writ Petition No.8869/2021

1. State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur

2. Joint Secretary To The Govt, Department Of Mines And Geology, Secretariat, Jaipur.

3. Director, Mines And Geology, Govt. Of Rajasthan, Directorate Of Mines And Geology, Court Circle, Udaipur

4. Additional Director, Department Of Mines And Geology, Jaipur Zone, Jaipur Khaniz Bhawan, Jaipur

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5. Mining Engineer, Department Of Mines And Geology, Ajmer.

----Petitioners Versus Vijender Singh Son Of Shri Sagar Singh, Aged About 42 Years, Resident Of Post Kirap, Tehsil Masuda, District Ajmer (Rajasthan)

----Respondent

For Petitioner(s) : Dr. V.B. Sharma, AAG assisted by Mr. Prakhar Gupta & Ms. Charvi Patni. For Respondent(s) : Mr. Kamlakar Sharma, Senior Counsel assisted by Ms. Alankrita Sharma & Mr. Siddharth Bapna Mr. Sandeep Singh Shekhawat.

Ms. Pallavi Mehta.

Mr. Harsh Sharma Ms. Shreya.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

03/02/2023

On 14.02.2022 in S.B. Civil Writ Petition No.9083/2021, this

court passed the following order:-

"Counsel for the petitioners submitted that the issue involved in these writ petitions has been considered and decided by the Coordinate Bench of this court in the matter of M/s Kamlesh Metacast Pvt. Limited Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.13426/2020 decided on 25.06.2021) where in para Nos. 8, 9, 15, 16 & 17 it has been held as under:- "8. The said guidelines became part of the amendment made by the Central Government in the MMDR Act, 1957 w.e.f. 12.01.2015 and it was provided under the Mining Amendment Act that the composite license of mining as well as mining leases allotment shall be done exclusively by way of auction.

9. A perusal of the aforesaid provisions of the guidelines show that the said provisions are prospective in nature. Thus, after

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30.10.2014 the applications could have been accepted by the State Government only by notifying in official gazette. However, the said guidelines do not in any manner restrict the pending applications, which were already considered and examined and land was already earmarked.

15. This Court further accepts the contention of the petitioner-company that the period from 30.11.2016 till the date of handing over possession in terms of the present order, shall be treated as dies non and shall be excluded from the period of three years license granted under the P.L. dated 24.12.2014. The amendments made subsequently in the MMDR Act, 1957 during pendency of this writ petition would not apply to the license granted on 24.12.2014 and the four months additional time required for completing the formalities shall be granted additionally.

16. Accordingly, in view of above findings and conclusions, the order dated 15.10.2020 is quashed and set aside. The respondents are now directed to handover the possession of the area as earmarked earlier for the mining purposes in terms of license granted to the petitioner-company dated 24.12.2014.

17. The writ petition is accordingly allowed. No costs."

The order dated 25.06.2021 passed by the learned Single Judge was challenged by the State of Rajasthan before the Division Bench of this court in D.B. Special Appeal (Writ) No.754/2021 and the Division Bench of this court while dismissing the appeal vide order dated 03.01.2022 observed as under:-

"Much emphasis has been laid on the part of the order of the Tribunal that the case was remanded to the State Government to take appropriate action as deemed fit as per law and, therefore, in exercise of this liberty, the State Government had taken decision afresh in the matter. We are not impressed by the submission. Learned Single Judge has rightly held that the order of the Tribunal having attained finality for want of any challenge, the State could not have fallen back on the same ground, which was not appreciated but repelled by the Tribunal to hold against the State in the matter of

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cancellation of prospecting licence of the writ petitioner. Once the Tribunal held that even amended provision of law could not be applied retrospectively as prospecting licence was granted on 24.12.2014, after the remand, it was not open for the State authorities to fall back on another circular, which was only a guideline having no statutory force to hold that the grant of prospecting licence was bad in law. In the matter of grant of prospecting licence, the law, which held the field, was one which was existing prior to amendment with effect from 12.01.2015. In the absence of there being any provision in the Act as contemplated under the guidelines, it cannot be said that the grant of prospecting licence was in violation of provisions of the then existing law.

We also find that the learned Single Judge has rightly held that the guidelines, which were having no statutory force, were only prospective in nature. The reason assigned to again pass an order against the writ petitioner after the order passed by the Tribunal was very much available to be pressed into service by the appellant-State. Order of the Tribunal and the reply, which was filed before the Tribunal, also indicate that the State sought to defend its order dated 30.11.2016 not only on the basis of subsequent amendment, but the guidelines also, which were issued prior to grant of prospecting licence. However, such objections were not appreciated, much less accepted, resulting in order against the appellants-State by the Tribunal on 19.09.2018. The only course open for the State was to challenge the order of the Tribunal, which it never challenged. The remand order was not to re-examine the correctness of the procedure for grant of prospecting licence. There is nothing in the order passed by the Tribunal on 19.09.2018 which allowed the State to re-examine the legality and validity of prospecting licence granted to the writ petitioner on the ground that the guidelines or amendments were brought changing the procedure for grant of prospecting licence. The State clearly circumvented the order passed by the Tribunal and for that reason, we do not find that the order passed by the learned Single Judge recording specific finding in this

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regard suffers from any apparent error or illegality, so as to warrant interference.

In the result, we do not find any merit in this appeal and the appeal is, therefore, dismissed at the admission stage.

Mr. R.P. Singh AAG appearing on behalf of the State of Rajasthan has not disputed the submissions made by counsel for the petitioners.

In the light of the judgment passed by the Coordinate Bench of this court in the matter of M/s. Kamlesh Metacast Vs. State of Rajasthan (supra) which stood affirmed on appeal preferred being dismissed by the Division Bench of this court, the impugned order dated 10.02.2021 is set aside and the writ petitions are accordingly disposed of. Copy of this order be separately placed in each connected file."

Against the order dated 14.02.2022 the State Government

approached the Division Bench of this court by filing D.B. Special

Appeal Writ No.833/2022 wherein on 21.07.2022 the following

order was passed:-

"The appeal filed by the State does not warrant any interference for the simple reason that the order was passed by learned Single Judge on concession made by the State.

Learned State counsel, however, would submit that concession was erroneously given and he may be permitted to seek review of the order. Giving liberty as prayed for, this appeal is dismissed accordingly."

Dr. Vibhuti Bhushan Sharma, AAG wants to argue the matter

on merits.

The prayer made by Dr. Vibhuti Bhushan Sharma, AAG is

rejected for the reason that the order dated 14.02.2022 was

passed by this court in the presence of another Additional

Advocate General-Mr. R.P. Singh as evident from the order dated

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14.02.2022 itself and it also reflects that Mr. R.P. Singh, Additional

Advocate General made a concession that these matters are

squarely covered by the judgment passed by the Co-ordinate

Bench of this court.

The Division Bench of this court in D.B. Special Appeal Writ