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