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Bhagwati Plaster Hanumangarh vs State Of Rajasthan ...
2023 Latest Caselaw 9051 Raj

Citation : 2023 Latest Caselaw 9051 Raj
Judgement Date : 3 November, 2023

Rajasthan High Court - Jodhpur
Bhagwati Plaster Hanumangarh vs State Of Rajasthan ... on 3 November, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:37496]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 12921/2023

M/s Shree Shyam Chemical And Mineral, Through Its Proprietor
Chandra Kanta Sharma S/o Ashok Kumar Sharma, Aged About
56 Years, Having Registered Address Bikaner Road, Village
Bhadwasi District Nagaur.
                                                                        ----Petitioner
                                        Versus
1.       State Of Rajasthan, Through The Principal Secretary,
         Mines Department, Government Of Rajasthan, Jaipur,
         District Jaipur.
2.       The Director, Mines And Geology Department, Rajasthan,
         Shastri Circle, Udaipur, District Udaipur.
3.       The Additional Director (Head Quarters), Mines And
         Geology Department, Shastri Circle, Udaipur District
         Udaipur.
4.       The Assistant Mining Engineer, Mines Department Nagaur
         District Nagaur.
                                                                     ----Respondents
                                  Connected With
                S.B. Civil Writ Petition No. 13910/2023

 1.       Bhagwati Plaster Hanumangarh, Through Its Proprietor
          Mahabir Prasad Agarwal S/o Shri Deen Dayal Agarwal
          Aged About 63 Years R/o Rajpura, Bhadra, District
          Hanumangarh, Rajasthan.
 2.       Shree        Balaji    Udyog        Hanumangarh,            Through     Its
          Proprietor Pradeep Kumar Khadria S/o Shri Hira Lal
          Khadria Aged About 56 Years R/o Chak 9, C.o. Vinayak
          Plaster Bhd, Rajpura, Bhadra, Hanumangarh, Rajasthan.
                                                                      ----Petitioners
                                        Versus
 1.       State Of Rajasthan, Through The Principal Secretary,
          Mines Department, Government Of Rajasthan, Jaipur.
 2.       The        Director,     Mines        And       Geology      Department,
          Rajasthan, Shastri Circle, Udaipur.
 3.       The Additional Director (Head Quarters), Mines And
          Geology Department, Shastri Circle, Udaipur.


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 [2023:RJ-JD:37496]                       (2 of 3)                        [CW-12921/2023]



 4.       The   Assistant            Mining   Engineer,       Mines     Department,
          Hanumangarh.
                                                                     ----Respondents


                S.B. Civil Writ Petition No. 13358/2023
 Parihar Plaster Gypsum Udhyog, Through Its Proprietor Tilok
 Chand S/o Roopa Ram Jat Aged About 58 Years Having
 Registered Address Bhadwasi Railway Station, 1, Bhadwasi
 District Nagaur.
                                                                        ----Petitioner
                                         Versus
 1.       State Of Rajasthan, Through The Principal Secretary,
          Mines Department, Government Of Rajasthan, Jaipur
          District Jaipur.
 2.       The        Director,        Mines     And       Geology       Department,
          Rajasthan, Shastri Circle, Udaipur District Udaipur.
 3.       The Additional Director (Head Quarters), Mines And
          Geology Department, Shastri Circle, Udaipur District
          Udaipur.
 4.       The    Assistant           Mining   Engineer,        Mines     Department
          Nagaur District Nagaur.
                                                                     ----Respondents


For Petitioner(s)                :    Mr. Rajesh Joshi, Sr. Adv. assisted by
                                      Mr. CVS Shekhawat.
                                      Mr. Kshitij Vyas.
For Respondent(s)                :    Mr. Digvijay Singh Jasol, A.G.C.



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                         Order

03/11/2023

1.    Mr. Rajesh Joshi, Senior Counsel assisted by Mr. CVS

Shekhawat appearing on behalf of the petitioners submits that he

is restricting his submissions only to the extent of directing the



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                                    [2023:RJ-JD:37496]                        (3 of 3)                         [CW-12921/2023]



                                   Mining Department to decide the representation of the petitioners,

                                   strictly in accordance with law.

                                   2.    Mr. Digvijay Singh Jasol, learned Additional Government

                                   Counsel      appearing         on     behalf         of   the         respondents-Mining

                                   Department submits that while considering the representation,

                                   they need to keep into consideration the judgment rendered by

                                   the Division Bench of this Hon'ble Court in Kaladwas Chamber

                                   of Commerce Industries & Ors. Vs. State of Rajasthan &

                                   Ors. (D.B. Civil Writ Petition No.1007/2018) on 19.02.2019.

                                   3.    In light of such submission, the present petitions are

                                   disposed of with a direction to the respondents to decide the

                                   representation of the petitioners, while keeping into consideration

                                   the judgment passed in the case of Kaladwas Chamber of

                                   Commerce Industries (Supra), strictly in accordance with law.

                                   4.    All pending applications, if any, also stand disposed of.



                                                                       (DR.PUSHPENDRA SINGH BHATI), J.

19, 271 & 272-Jitender

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