Rajasthan High Court - Jodhpur
M/S Gawar Constructions Limited vs State Of Rajasthan on 20 January, 2023
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1233/2023
M/s Gawar Constructions Limited, Having Its Registered Office At
SF-01, JMD Galleria, Sector 48, Sohna Road, Gurugram 122001
(Haryana) Through Its Authorised Representative Shri Rajendra
Kumar Nain S/o Late Shri Ram Pratap Nain, Aged About 52
Years, Resident Of RSF-04, Ridhi Sidhi Enclave-I, Hanumangarh
Road, Sri Ganganagar (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Joint Secretary Mines,
Mines And Geology Department, Govt. Of Rajasthan,
Secretariat Jaipur, Bhagwant Das Road, C Scheme, Ashok
Nagar, Jaipur, Rajasthan 302005. Email Address
[email protected] Telephone Number 0141-
2227217.
2. The Assistant Mining Engineer, Mines And Geology
Department, Govt. Of Rajasthan, Sector No. 6/346, Power
House Road, Near Chuna Pathak, Hanumangarh,
Rajasthan 335513. Email Address
[email protected] Telephone Number
01552-262193.
3. The Mining Engineer, Mines And Geology Department,
Govt. Of Rajasthan, Khanij Bhawan, 6, West Patel Nagar,
Ratanada, Jodhpur, Rajasthan 342001. Email Address
[email protected] Telephone Number 0291-
2510746.
4. The Mining Engineer, Mines And Geology Department,
Govt. Of Rajasthan, Khanij Bhawan, Sudama Nagar, Sir
Ganganagar, Rajasthan 335001. Email Address
[email protected] Telephone Number
0154-2463199.
----Respondents
For Petitioner(s) : Mr. Mahabir Singh, Sr. Advocate
assisted by Mr. Pradeep Choudhary,
Ms. Khushboo Choudhary,
Ms. Rachna Nain &
Mr. Udit Raj Saxena
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
20/01/2023
Heard learned Senior Counsel for the petitioner.
Learned Senior Counsel for the petitioner submits that the
petitioner is involved in the construction work as well as in the
(2 of 3) [CW-1233/2023]
trading of hard stone. He submits that the petitioner is not
involved in the mining operations. He submits that in pursuance of
a Circular issued by the State Government on 06.10.2008, all
persons including the petitioner who are dealing in the hard stones
were required to take a short term permit. He further submits that
this Circular dated 06.10.2008 was challenged before this Court
by way of filing D.B. Special Appeal (Writ) No.359/2009 and vide
judgment dated 17.01.2011, the said Circular was quashed by the
Division Bench of this Court.
Against the order of the Division Bench dated 17.01.2011, a
Special Leave Petition was filed before the Hon'ble Supreme Court
and although no interim order was passed in the same, however,
the Special Leave Petition preferred by the State was allowed vide
order dated 26.02.2016. Learned Senior Counsel further submits
that petitioner was involved in the trading of the ballast stones in
the year 2011 and 2012. He submits that since the Circular dated
06.10.2008 was quashed by this Court, the State issued two more
Notifications dated 15.11.2011 and 30.10.2012.
Learned Senior Counsel submits that as per the Notifications
dated 15.11.2011 and 30.08.2012, the petitioner conducted his
business by paying the requisite fees, taxes and royalty etc. He
submits that at that point of time, the condition for obtaining the
short term permit was not insisted upon by the competent
authorities of the respondent-Department. The No Dues
Certificates by the respective departments for which the petitioner
has performed his contractual obligation have also been issued.
He submits that although in the year 2014 certain show cause
notices were issued which were duly replied by him and no final
order was issued in those cases, however, in the year 2022, the
(3 of 3) [CW-1233/2023]
respondent-authorities of the State Government have started the
proceedings for recovery of the penalty amounts.
Matter requires consideration.
Issue notice to the respondents, returnable on 22.02.2023.
Issue notice of stay application also.
Meanwhile and till the next date of hearing, no recovery shall
be effected from the petitioner in pursuance of the letters dated
26.12.2022 (Annex.P/11) and 30.12.2022 (Annex.P/12).
(VINIT KUMAR MATHUR),J
48-/Vivek/-
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