Rajasthan High Court - Jodhpur
Shiv Singh Ranawat vs State Of Rajasthan (2025:Rj-Jd:28269) on 1 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:28269]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4965/2025
Bhojraj Gadri S/o Shri Pokhar Gadri, Aged About 45 Years, R/o
Danthal, Tehsil And Dist. Bhilwara,raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. The Mines And Minerals Dept., Through Aag.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 4972/2025
Radheshyam Gurjar S/o Shri Udailal Gurjar, Aged About 35
Years, R/o Gurjar Mohalla, Hasiyas, Tehsil And Dist. Bhilwara,raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. The Mines And Minerals Dept., Through Aag.
----Respondents
S.B. Criminal Misc(Pet.) No. 4975/2025
Shiv Singh Ranawat S/o Shri Dev Singh Ranawat, Aged About 35
Years, Resident Of 115, Village, Jityakhedi, Post Danthal, Tehsil
And District Bhilwara (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. The Mines And Minerals Dept., Through Aag.
----Respondents
S.B. Criminal Misc(Pet.) No. 4978/2025
Bheru Lal Jat S/o Choga Lal Jat, Aged About 40 Years, Resident
Of Danthal, Tehsil And District Bhilwara (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. The Mines And Minerals Dept., Through Aag.
----Respondents
(Downloaded on 01/07/2025 at 09:39:56 PM)
[2025:RJ-JD:28269] (2 of 3) [CRLMP-4965/2025]
S.B. Criminal Misc(Pet.) No. 4969/2025
Sanwardas Vaishnav S/o Shri Radheshaym Vaishnav, Aged
About 31 Years, R/o Borda, Tehsil And Dist. Bhilwara,raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. The Mines And Minerals Dept., Through Aag.
----Respondents
For Petitioner(s) : Mr. Aslam Khan
For Respondent(s) : Mr. Sri Ram Choudhary, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
01/07/2025
Learned counsel for the parties submits that the controversy
akin/similar to the one involved in these matters has already been
decided by this Court vide order dated 19.05.2025 passed in S.B.
Cr. Misc. Petition No.597/2024 (Chaina Ram vs. State of
Rajasthan) and connected matters. The relevant portion of the
order dated 19.05.2025 passed by this Court in Chaina Ram
(supra) is reproduced below for ready reference:
"8. Consequently, it is held that under the mining laws,
the state authorities have the powers for initiating
confiscation proceedings in relation to the vehicles seized
for violation of the mining laws. It is once, the confiscation
proceedings are initiated, the vehicle cannot be released
on supurdaginama as prayed by few of the petitioners.
However, the said vehicles can only be released on
payment of penalty and compounding fees. Whereas, the
vehicles qua which no confiscation proceedings have yet
[2025:RJ-JD:28269] (3 of 3) [CRLMP-4965/2025]
been commenced, the competent criminal Court can
handover interim custody of the vehicles to its true owner
as a criminal Court is not supposed to keep a vehicle
detained until the confiscation proceedings are commenced
and concluded by the mining department.
9. It is however, made clear that in the cases where
criminal Court had handed over interim custody of the
vehicles to its true owners on supurdaginama, the mining
department shall be free to pass confiscation orders and
take back the vehicles in accordance with law.
10. The present batch of criminal misc. petitions is disposed
of with liberty to the petitioners to approach the competent
Court for filing fresh applications for release of their vehicle.
The competent Court shall decided the fresh applications, if
filed, in accordance with the observations made by this Court
in para 8 of the judgment."
Accordingly, these criminal misc. petitions are disposed of
with a direction to the petitioners to approach the competent
Court by way of filing a fresh application for release of their
vehicle. The competent Court shall decide the fresh application, if
filed, in accordance with the observations made by this Court in
para 8 of the order dated 19.05.2025 rendered in the case of
Chaina Ram (supra).
(KULDEEP MATHUR),J
77, 79-81 and 1S divya/-
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