Jagdev vs State Of Rajasthan
2023 Latest Caselaw 1651 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10772/2020

Jagdev S/o Late Shri Durga Ram, Aged About 66 Years, Resident Of Village Khajwana, Tehsil Mundva District Nagaur.

----Petitioner Versus

1. State Of Rajasthan, Through Director, Department Of Mines And Geology, Rajasthan, Udaipur.

2. Addl. Director, Mines And Geology Department, Jaipur Area, Jaipur.

3. Superintending Mining Engineer, Ajmer Circle, Ajmer.

4. Mining Engineer, Mines And Geology Department, Nagaur.

----Respondents

For Petitioner(s) : Mr. RS Choudhary Mr. SS Gour For Respondent(s) : Mr. Sandeep Shah, Sr. Advocate and AAG assisted by Mr. Abhimanyu Singh Rathore

HON'BLE DR. JUSTICE NUPUR BHATI

Order

10/02/2023

1. Learned Senior Counsel Mr. Sandeep Shah, AAG assisted by

Mr. Abhimanyu Singh Rathore appearing for the respondents

submits that today they have filed a reply. He further submits that

the petitioner filed this writ petition with a prayer for grant of

mining lease on 'Khatedari' land.

2. Learned Senior Counsel further submits that on account of

enquiry being pending, further proceedings for the entire district

Nagaur be kept in abeyance by way of the impugned minutes of

meeting on 25.11.2019 (Annex.-18).

(2 of 3) [CW-10772/2020]

3. Learned Senior Counsel placed reliance on the judgment of

the Hon'ble Apex Court rendered in the case of Bajri Lease Lol

Holders Welfare Society Through its President Versus The

State of Rajasthan & Ors. in Interlocutory Application

No.29984 of 2021 in Special Leave Petition (Civil) No.

10587 of 2019 decided on 11.11.2021. Relevant portion of the

aforementioned judgment read as under:-

Para No.8. The CEC submitted its report to this Court dated 23.12.2020, in which the following recommendations have been made:

"A. All the Khatedari leases located within 5 kms from the river bank as well as leases where violation of the lease conditions including misuse of e-ravannas are detected are terminated forthwith and the State Government shall not issue fresh Khatedari leases except for Palaeo deposits in the District of Binaker without the approval of this Hon'ble Court."

B............ C............ D............ E............ F............ G........... H........... I............. J............ K............

Para No.19. The recommendations made by the CEC, except recommendation 'J', are approved for implementation forthwith. IA No. 29984 of 2021 and IA No. 54981 of 2021 are disposed of."

4. Learned Senior Counsel also submits that on account of the

directions given by the Hon'ble Apex Court in Bajri Lease Lol

Holders Welfare Society (supra), all the mining leases, of Bajri in

the 'Khatedari' land has been cancelled, except for District Bikaner.

(3 of 3) [CW-10772/2020]

5. In view of the above submissions so made, the cause of

action in the present writ petition no longer survives, hence the

same is dismissed as having become infructuous.

(DR.NUPUR BHATI),J surabhii/87-

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