Babu Lal Dudi vs The Superintending Mining Eng., ...
2023 Latest Caselaw 2393 Raj

[2023/RJJD/007230]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16023/2021

Babu Lal Dudi S/o Ram Narayan Dudi, Aged About 50 Years, Ratkuriya, Tehsil Bhopalgarh, District Jodhpur.

----Petitioner Versus

1. The Superintending Mining Eng., Jodhpur, Mines And Geology Department Jodhpur.

2. The Assistant Mining Engineer, Mines And Geology Department, Balesar.

3. Additional Directorate Of Mining (Environment And Development), Directorate, Department Of Mines And Geology, Udaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Himanshu Choudhary For Respondent(s) : Mr. Mrigraj Singh Rathore

HON'BLE DR. JUSTICE NUPUR BHATI

Order

22/03/2023

1. Learned counsel for the petitioner submits that the issue

involved in the present writ petition is squarely covered by the

judgment passed by this Court in case of Mohan Ram vs. State

of Rajasthan & Ors. (SBCWP No.9092/2021), which has been

decided by this Court vide its order dated 15.11.2021.

2. Learned counsel for the respondents is not in a position to

dispute the aforesaid factual position.

3. In view of the aforesaid and following the reasons given in

Mohan Ram vs. State of Rajasthan & Ors., the present writ

petition is allowed.

[2023/RJJD/007230] (2 of 2) [CW-16023/2021]

4. The appeal filed by the petitioner is restored to the dockets

of Appellate Authority. Petitioner will place a copy of this order

before the Appellate Authority, who in turn will intimate the date

of hearing to the petitioner, whereafter the application for

condonation of delay shall be decided in light of the judgment of

this Court in case the of Madan Lal Vs. State of Rajasthan & Ors.

(SBCWP No.14920/2017) decided on 11.05.2018 so also the

judgment of this Court rendered in case of Mohan Ram (supra).

5. Stay applications also stand disposed of accordingly.

(DR.NUPUR BHATI),J 101-Sanjay/-

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