Rajasthan High Court - Jodhpur
Kailash Chandra Agarwal vs State Of Rajasthan & Ors on 18 November, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14771 / 2017
LRs of Mangi Bai Bheel (Since Deceased) W/o Late Shri Devilal
Bheel Through His Legal Representative (Son) Ratanlal Bheel S/o
Late Devilal Bheel, Aged About 39 Years, R/o Kakroliya Maafi,
Tehsil Kotdi, District Bhilwara.
----Petitioner
Versus
1. The State of Rajasthan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur.
3. The Additional Director (Environment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14310 / 2017
Ramesh Chandra Agarwal, S/o Shri Bajrang Lal Agarwal, Aged
About 44 Years, R/o Agarwal Bhawan, Arya Samaj Road,
Bhopalganj, Bhilwara.
----Petitioner
Versus
1. The State of Rajasthan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur.
3. The Additional Director (Environment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14778 / 2017
LRs of Mangi Bai Bheel (Since Deceased) W/o Late Shri Devilal
Bheel Through His Legal Representative (Son) Ratanlal Bheel S/o
Late Devilal Bheel, Aged About 39 Years, R/o Kakroliya Maafi,
Tehsil Kotdi, District Bhilwara.
(2 of 8)
[CW-14771/2017]
----Petitioner
Versus
1. The State of Rajasthan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur.
3. The Additional Director (Enviornment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14780 / 2017
Maadhulal Balai, S/o Shri Pratap Balai, Aged About 47 Years, R/o
Village Dugaar, Tehsil Begun, District Chittorgarh Through His
Power of Attorney Holder Ramesh Chandra Agarwal, S/o Shri
Bajrang Lal Agarwal, Aged 44 Years, R/o Agarwal Bhawan, Arya
Samaj Road, Bhopalganj, Bhilwara.
----Petitioner
Versus
1. The State of Rajathan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur
3. The Additional Director (Enviornment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14782 / 2017
Vijay Agarwal S/o Shri Trilok Chadra Agarwal, Aged About 32
Years, R/o Behind Daak Bungalow, Azaad Nagar Lane, Madanganj,
Kishangarh, District Ajme.
----Petitioner
Versus
1. The State of Rajasthan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur.
(3 of 8)
[CW-14771/2017]
3. The Additional Director (Environment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines and Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14783 / 2017
Smt. Sadhana Agarwal, W/o Shri Kailash Agarwal, Aged About 51
Years, R/o Arya Samaj Road, Bhopalganj, District Bhilwara.
----Petitioner
Versus
1. The State of Rajasthan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur.
3. The Additional Director (Environment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines and Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14788 / 2017
Smt. Kiran Agarwal W/o Shri Ramesh Chandra Agarwal, Aged
About 44 Years, R/o Mahaveer Mohalla, Bhopalganj, Bhilwara.
----Petitioner
Versus
1. The State of Rajasthan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur
3. The Additional Director (Enviornment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14789 / 2017
LRs of Devilal Bheel (Since Deceased) S/o Dhanna Ram Bheel,
Through His Legal Representative (Son) Ratanlal Bheel S/o Late
(4 of 8)
[CW-14771/2017]
Devilal Bheel, Aged About 39 Years, R/o Kakroliya Maafi, Tehsil
Kotdi, District Bhilwara.
----Petitioner
Versus
1. The State of Rajasthan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur.
3. The Additional Director (Environment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14790 / 2017
Ratan Lal Bheel S/o Shri Devilal, Aged About 41 Years, R/o
Kakroliya Mafi, Tehsil Katdi, District Bhilwara Through His Power of
Attorney Holder Ramesh Chandra Agarwal, S/o Shri Bajrang Lal
Agarwal, Aged 44 Years, R/o Agarwal Bhawan, Arya Samaj Road,
Bhopalganj, Bhilwara.
----Petitioner
Versus
1. The State of Rajasthan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur
3. The Additional Director (Environment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14791 / 2017
Ratan Lal Bheel S/o Shri Devilal, Aged About 41 Years, R/o
Kakroliya Mafi, Tehsil Katdi, District Bhilwara Through His Power of
Attorney Holder Ramesh Chandra Agarwal, S/o Shri Bajrang Lal
Agarwal, Aged 44 Years, R/o Agarwal Bhawan, Arya Samaj Road,
Bhopalganj, Bhilwara.
----Petitioner
Versus
(5 of 8)
[CW-14771/2017]
1. The State of Rajasthan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur.
3. The Additional Director (Environment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14792 / 2017
Lrs of Devilal Bheel (Since Deceased) S/o Dhanna Ram Bheel,
Through His Legal Representative (Son) Ratanlal Bheel S/o Late
Devilal Bheel, Aged About 39 Years, R/o Kakroliya Maafi, Tehsil
Kotdi, District Bhilwara.
----Petitioner
Versus
1. The State of Rajasthan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur.
3. The Additional Director (Enivronment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14794 / 2017
Smt. Sadhana Agarwal, W/o Shri Kailash Agarwal, Aged About 51
Years, R/o Arya Samaj Road, Bhopalganj, District Bhilwara.
----Petitioner
Versus
1. The State of Rajathan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur.
3. The Additional Director (Enviornment & Development), Mines &
Geology Department, Directorate, Udaipur.
(6 of 8)
[CW-14771/2017]
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14795 / 2017
Smt. Sayri Devi W/o Shri Ratan Lal Bheel, Aged About 40 Years,
R/o Kakroliya Mafi, Tehsil Katdi, District Bhilwara Through His
Power of Attorney Holder Ramesh Chandra Agarwal, S/o Shri
Bajrang Lal Agarwal, Aged 44 Years, R/o Agarwal Bhawan, Arya
Samaj Road, Bhopalganj, Bhilwara.
----Petitioner
Versus
1. The State of Rajathan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur.
3. The Additional Director (Enviornment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14822 / 2017
Ramesh Chandra Agarwal, S/o Shri Bajrang Lal Agarwal, Aged
About 44 Years, R/o Agarwal Bhawan, Arya Samaj Road,
Bhopalganj, Bhilwara.
----Petitioner
Versus
1. The State of Rajasthan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur.
3. The Additional Director (Enviornment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 14831 / 2017
Lrs of Kailash Chandra Agarwal (Since Deceased) S/o Bajrang Lal
Agarwal Through His Legal Representative (wife) Smt. Sadhana
(7 of 8)
[CW-14771/2017]
Agarwal S/o Shri Late Shri Kailash Chandra Agarwal, Aged About
53 Years, R/o Agarwal Bhawan, Arya Samaj Road, Bhopalganj,
District Bhilwara.
----Petitioner
Versus
1. The State of Rajasthan Through the Secretary, Mines
Department, Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur.
3. The Additional Director (Enivronment & Development), Mines &
Geology Department, Directorate, Udaipur.
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh (Raj.)
----Respondents
S.B. Civil Writ Petition No. 14833 / 2017
Smt. Kiran Agarwal W/o Shri Ramesh Chandra Agarwal, Aged
About 44 Years, R/o Mahaveer Mohalla, Bhopalganj, Bhilwara.
----Petitioner
Versus
1. The State of Rajasthan Through Secretary, Mines Department,
Government of Rajasthan, Secretariat, Jaipur.
2. The Director, Mines & Geology Department, Directorate, Khanij
Bhawan, Udaipur.
3. The Additional Director (Environment & Development), Mines &
Geology Department, Directorate, Khanij Bhawan, Udaipur.
4. The Assistant Mining Engineer, Mines & Geology Department,
Chittorgarh.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. D.L.R. Vyas & Mr. J.S. Naruka for
Mr. B.M. Bohra
For Respondent(s) : Mr. Parvez for Mr. Rajesh Panwar, AAG
_____________________________________________________
HON'BLE MS. JUSTICE NIRMALJIT KAUR
Order (8 of 8) [CW-14771/2017] 18/11/2017 Issue notice.
Mr. Parvez appearing on behalf of Mr. Rajesh Panwar, Additional Advocate General accepts notice on behalf of the respondents.
The prayer in the present writ petitions are for setting aside the orders dated 29/11/2016 vide which the lease granted to the petitioners were cancelled.
Mr. Parvez appearing for Mr. Rajesh Panwar, AAG does not dispute that the matter is squarely covered with the ratio of judgment rendered in the case of M/s. Sojat Lime Company vs. The State of Rajasthan & Ors. (CWP No. 14717/2016, decided on 06/11/2017).
In view of the above, the writ petitions are allowed and the impugned orders dated 29/11/2016 are quashed.
(NIRMALJIT KAUR), J.
sanjaysolanki,pa