Rajasthan High Court - Jodhpur
Ashok Kumar Choudhary vs Union Of India ... on 18 September, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:30104] (1 of 3) [CW-14253/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14253/2022
Ashok Kumar Choudhary S/o Shri Mana Ram Choudhary, Aged
About 50 Years, R/o Mahesh Bas Tehsil Phoolera, District Jaipur
(Raj.).
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of Mines,
New Delhi.
2. State Of Rajasthan, Through Principal Secretary, Mines
Department, Government Of Rajasthan, Secretariat,
Jaipur.
3. Chief Secretary, State Government Of Rajasthan,
Secretariat, Jaipur (Raj.).
4. The Joint Secretary (Mines), Mines Department,
Government Of Rajasthan, Secretariat, Jaipur.
5. The Director, Mines And Geology Department, Directorate,
Khanij Bhawan, Udaipur.
6. The Mining Engineer, Mines And Geology Department,
Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Durga Ram
For Respondent(s) : Mr. Sandeep Shah, Sr. Adv. & AAG
assisted by Ms. Akshiti Singhvi.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/09/2023
1. Learned counsel for the parties jointly submit that the
controversy involved in the present writ petition is no more res
integra as it is squarely covered by the judgment rendered by a
coordinate Bench of this Court in the case of Dalpat Singh Vs.
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[2023:RJ-JD:30104] (2 of 3) [CW-14253/2022]
Union of India & Ors. (S.B. Civil Writ Petition
No.5211/2021), decided on 18.07.2023; relevant portion of
which reads as follows:-
"36. Thus, this Court finds that the impugned action and
the decision of the State Government is ad-verbetum the
same and the reason for cancelling the LoIs/PLs of the
present petitioners is the same as was for the petitioner in
the case of M/s. Kamlesh Metacast Pvt. Ltd.
37. The action of the State Government is such that it has
failed to exercise degree of fairness and rather the action
of the State Government is highly discriminatory as on one
hand, when the impugned action of the State has been
held to be invalid and the impugned orders have also been
quashed and set aside by this Court in the case of M/s.
Kamlesh Metacast Pvt. Ltd. (supra) and on the other hand,
the plea of the State Government that the present writ
petitions may be dismissed on the ground of alternative
remedy being available, is found to be ex-facie
discriminatory. Thus, in such facts and circumstances of
the case, writ jurisdiction can be exercise and mere
existence of alternative remedy cannot preclude the
petitioners from invoking the writ jurisdiction and it would
be highly arbitrary and unjust to relegate the parties to
avail statutory remedy of revision after such a long battle
before this Court and particularly this one being the second
round of litigation.
38. This Court, vide its judgment rendered in the case of
M/s. Kamlesh Metacast Pvt. Ltd. (supra) has already
adjudicated upon the controversy involved in the present
writ petitions and thus the point of distinguishing the case
on the ground that the present petitioners have not availed
the statutory alternative remedy of revision petition does
not sustain. This Court, while keeping in view that a set of
persons on the same pedestal had been granted relief
whereas the present petitioners, while deviating in a
process of seeking separate remedy, have been deprived of
their valuable rights. Both the set of persons, who were
granted LoIs/PLs ought to have been treated in law on an
equal footing. The relief sought is similar to the relief
sought in the case of M/s. Kamlesh Metacast Pvt. Ltd.
(supra) and the same thus ought to be granted on the
same pedestal. It is another thing that on determination of
merits also, the petitioners succeed because the statute
saves their applications for LoIs/PLs and the respondents
have not been able to point out any illegality in continuing
with the process of rights that had already accrued to the
petitioners and crystalized.
39. Resultantly, the writ petitions are allowed in terms of
the judgment rendered in the case of M/s. Kamlesh
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[2023:RJ-JD:30104] (3 of 3) [CW-14253/2022]
Metacast Pvt. Ltd. (supra). The impugned orders cancelling
LoIs/PLs of the petitioners are hereby quashed and set
aside and the respondents are directed to proceed in the
matter as per the directions given in the case of M/s.
Kamlesh Metacast Pvt. Ltd. (supra) in accordance with law.
40. The stay application and all other pending applications,
if any, stand disposed of. "
2. On such submission, the present writ petition is also allowed
in terms of the judgment rendered in Dalpat Singh's case (supra).
All pending applications stands disposed of accordingly.
(DR. PUSHPENDRA SINGH BHATI), J.
138-Zeeshan
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