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Rajasthan High Court - Jodhpur

Ratan Singh vs State Of Rajasthan on 8 January, 2020

Bench: Indrajit Mahanty, Pushpendra Singh Bhati

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             D.B. Civil Writ Petition No. 12852/2018

1.     Ratan Singh S/o Sh. Vane Singh, Aged About 29 Years,
       Rajputo Ka Was, Village Daspan, Tehsil Bhinmal, District
       Jalore.
2.     Vikram Singh S/o Sh. Ranjeet Singh, Aged About 48
       Years, Rajputo Ka Was, Village Daspan, Tehsil Bhinmal,
       District Jalore.
3.     Vijay Singh S/o Jagrup Singh, Aged About 59 Years,
       Rajputo Ka Was, Village Daspan, Tehsil Bhinmal, District
       Jalore.
4.     Chela Ram S/o Bija Ram,, Aged About 61 Years, 46,
       Goliya Bus Stand, Kora, Tehsil Bhinmal, District Jalore.
5.     Jog Singh S/o Sh. Pabu Singh, Aged About 42 Years,
       Rajputo Ka Was, Village Daspan, Tehsil Bhinmal, District
       Jalore.
6.     Sumer Singh S/o Sh. Ganga Singh, Aged About 35 Years,
       Rajputo Ka Was, Village Daspan, Tehsil Bhinmal, District
       Jalore.
7.     Tikam Singh S/o Sh. Jabar Singh, Aged About 60 Years,
       Rajputo Ka Was, Village Daspan, Tehsil Bhinmal, District
       Jalore.
8.     Jitendra Singh Champawat S/o Sh. Jaswant Singh, Aged
       About 34 Years, Rajputo Ka Was, Village Daspan, Tehsil
       Bhinmal, District Jalore.
9.     Shaitan Singh S/o Sh. Ram Singh Champawat, Aged
       About 45 Years, Rajputo Ka Was, Village Daspan, Tehsil
       Bhinmal, District Jalore.
10.    Vane Singh S/o Sh. Pabu Singh, Aged About 45 Years,
       Rajputo Ka Was, Village Daspan, Tehsil Bhinmal, District
       Jalore.
11.    Jog Singh S/o Sh. Prem Singh, Aged About 54 Years,
       Rajputo Ka Was, Village Daspan, Tehsil Bhinmal, District
       Jalore.
                                                                ----Petitioners
                                   Versus
1.     State of Rajasthan through the Principal Secretary, Mines
       & Geology Department, Govt. of Rajasthan, Jaipur.


                    (Downloaded on 09/01/2020 at 08:51:01 PM)
                                         (2 of 3)                  [CW-12852/2018]


2.      The Director, Mines & Geology Department, Rajasthan,
        Udaipur.
3.      The Mining Engineer, Mining Department, Jalore.
4.      The District Collector, Jalore.
5.      The Superintendent of Police, District Jalore.
6.      The Sub Division Officer, Bhinmal, Jalore.
7.      The Tehsildar, Bhinmal, Jalore.
8.      The Patwari, Daspan, Tehsil Bhinmal, District Jalore.
9.      The SHO, Police State Bhinmal, District Jalore.
10.     The Sarpanch, Daspan, Tehsil Bhinmal, District Jalore.
                                                                ----Respondents


For Petitioner(s)        :     Mr. Rajiv Bishnoi & Mr. Vishnu Lal
                               Shrimali for Mr. Dhirendra Singh
For Respondent(s)        :     Mr. Sandeep Shah, AAG.
                               Mr. Govind Suthar & Mr. Amit Mehta.



     HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
       HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order 08/01/2020 The petitioners have preferred this PIL seeking stopping of illegal mining of sand/Bajri from the riverbed of village Daspan, Kora, Bhinmal, Narwa and Bhadarda of District Jalore.

Counsel for the petitioners submits that such illegal mining of sand/Bajri from the riverbed is contrary to the Hon'ble Apex Court's judgment and strict action needs to be taken by the respondents.

Mr. Sandeep Shah, learned Additional Advocate General, submits that the Police Department has already filed response which indicates that large number of cases have been registered against the defaulters and all efforts are being made by the State to curtail the illegal mining of sand/Bajri from the riverbed. (Downloaded on 09/01/2020 at 08:51:01 PM)

(3 of 3) [CW-12852/2018] Learned Additional Advocate General assures this Court that the State further intensify its efforts to stop illegal mining in case it is continued.

The assurance given by Mr. Sandeep Shah is on behalf of mining authorities as well as Home Department.

In view of assurance given by the learned AAG, the writ petition is disposed of with the direction to the State respondents to adhere to the assurance by intensifying their efforts to stop illegal mining of sand/Bajri from the riverbed of the area concerned.

(DR. PUSHPENDRA SINGH BHATI),J (INDRAJIT MAHANTY),CJ 73-a.asopa/-

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