Nathu Singh Rajput vs The State Of Rajasthan ...
2023 Latest Caselaw 9170 Raj

[2023:RJ-JD:38027]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1070/2021

Nathu Singh Rajput S/o Shri Laxman Singh Ji Rajput, Aged About 56 Years, R/o Neair Village Boraj, Tehsil And District Rajsamand.

----Petitioner Versus

1. The State Of Rajasthan, Through Secretary, Mines Department, Government Of Rajasthan Secretariat Jaipur.

2. The Director, Of Mines And Geology Department, Udaipur.

3. The Superintending Mining Engineer, Mines And Geology Department, Rajsamand.

4. The Mining Engineer, Mines And Geology Department Amet, District Rajsamand Ii.

----Respondents

For Petitioner(s) : Mr. Arvind Vyas For Respondent(s) : Mr. Digvijay Singh for Mr.Mrigraj Singh

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

06/11/2023

The present writ petition has been filed for the following

reliefs:-

I. "by an appropriate writ, order or direction the order dated 16/07/2014 (Annex.3) may be quashed and set aside; and restored the mining lease in favour of the petitioner, and II. by an appropriate writ, order or direction, till restoration of mining lease as aforesaid is ordered by this Hon'ble Court, the respondents may be restrained from putting the mining lease area in question on auction for re-allotment to any other person."

[2023:RJ-JD:38027] (2 of 2) [CW-1070/2021]

Learned counsel for the petitioner submits that the

controversy involved in the present case is squarely covered by a

judgment of this Court dated 06.11.2017 (Annexure-1) delivered

in S.B. Civil Writ Petition No.14717/2016 (M/s Sojat Lime

Company Vs. State of Rajasthan & Ors.).

Learned counsel for the respondents is not in a position to

refute the submission made by the learned counsel for the

petitioner.

Thus, the writ petition is allowed. The impugned order dated

16.07.2014 (Annex.-3) is quashed and set aside.

The petitioner shall be allowed to proceed with the mining

subject to his deposition of the balance amount along with the

penalty etc. as calculated by the respondents authority in terms of

the Rules prevailing on the subject. The said amount shall be

determined within one month from today and the petitioner shall

deposit the said amount within one month thereafter.

(VINIT KUMAR MATHUR),J 115-SunilS/-

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