Rajasthan High Court - Jodhpur
Guddi Devi vs State Of Rajasthan ... on 3 October, 2023
Bench: Vijay Bishnoi, Yogendra Kumar Purohit
[2023:RJ-JD:32408-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Special Appeal Writ No. 795/2023
Guddi Devi W/o Hetram, Aged About 52 Years, By Caste Bishnoi,
R/o Ward No.15, Roda, Rora, Tehsil Nokha, District Bikaner.
----Appellant
Versus
1. State of Rajasthan, through Joint Secretary, Department
of Mines, Government of Rajasthan, Jaipur.
2. District Collector, Bikaner.
3. Mokhram S/o Bhallu Ram, R/o Ward No.4, Jaisingh Desar
Magra, Tehsil Nokha, District Bikaner.
4. Mining Engineer, Mining Engineer, Mines and Geology
Department, Bikaner, Rajasthan.
5. Superintending Mining Engineer, Mines and Geology
Department, C-64, Sardulganj, Bikaner.
6. Dharma Chand S/o Goverdhan Ram, B/c Bishnoi, R/o
Ward No.4, Jaisingh Desar Magra, Tehsil Nokha, District
Bikaner.
7. Tehsildar, Tehsil Nokha, District Bikaner.
8. Gomti D/o Bhulla Ram, B/c Bishnoi, R/o Ward No.15,
Roda, Rora, Tehsil Nokha, District Bikaner.
9. Madan Lal S/o Bhulla Ram, B/c Bishnoi, R/o Ward No.4,
Jaisingh Desar Magra, Tehsil Nokha, District Bikaner.
10. Rameshwar Lal S/o Bhulla Ram, R/o Ward No. 4, Jaisingh
Desar Magra, Tehsil Nokha, District Bikaner.
11. Shaktu W/o Bhulla Ram, R/o Ward No.4, Jaisingh Desar
Magra, Tehsil Nokha, District Bikaner.
----Respondents
For Appellant(s) : Mr. Aman Bishnoi Bola
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Judgment
03/10/2023
1. This intra court appeal has been filed on behalf of the
appellant being aggrieved with the order dated 18.09.2023 passed
by the learned Single Judge in S.B. Civil Writ Petition
No.13518/2023.
[2023:RJ-JD:32408-DB] (2 of 3) [SAW-795/2023]
2. Vide impugned order dated 18.09.2023, the learned Single
Judge disposed of two writ petitions i.e. S.B. Civil Writ Petition
No.12927/2023, filed on behalf of the respondent No.6, and S.B.
Civil Writ Petition No.13518/2023, filed on behalf of the appellant.
3. While disposing of both the writ petitions, the learned Single
Judge directed the Tehsildar, Nokha, District Bikaner to make fresh
demarcation in the presence of both the parties within a period of
seven days from today, after such demarcation is made, the
respondent No.6-Dharma Chand Bishnoi will be free to operate his
lease, strictly in accordance with law and the land of
appellant-Guddi Devi so demarcated shall be protected
accordingly by the respondents.
4. Learned counsel for the appellant has submitted that
pursuant to the said order, fresh demarcation proceedings has
already been completed and as per the same, the respondent
No.6 was found operating his mining lease in the land belonging to
the appellant. It is further submitted that now the respondent
No.6 has already vacated the land of the appellant.
5. Learned counsel for the appellant has submitted that the
respondent No.6 now carrying out mining operation in Khasara
Nos.543 and 544 without obtaining necessary permission. It is
also submitted that the mining lease issued in favour of the
respondent No.6 is illegal and liable to be quashed and set aside.
6. Having heard learned counsel for the appellant, we are of the
view that once the directions given by the learned Single Judge
has been carried out no case for interference is made out.
[2023:RJ-JD:32408-DB] (3 of 3) [SAW-795/2023]
7. However, if the appellant is aggrieved by the action of the
respondent No.6 of carrying out mining operation in Khasara
Nos.543 and 544 without obtaining necessary permission etc, he
is free to approach mining authorities under the provisions of
relevant Act and Rules.
8. It is further observed that if the appellant is aggrieved by
issuance of mining lease in favour of the respondent No.6, she is
free to avail appropriate remedy available to her to challenge the
said mining lease under the provisions of relevant Act and Rules.
9. With these observations, this special appeal writ is disposed
of.
(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J
Abhishek Kumar
S.No.33
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