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Rajasthan High Court - Jodhpur

Himmat Singh Shekhawat vs State Of Rajasthan & Ors on 20 July, 2017

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
         (1) S. B. Civil Writ Petition No. 7038 / 2017
Himmat Singh Shekhawat Son of Late Shri Kalyan Singh
Shekhawat, aged about 48 years, Resident of 98, Ruprajat
Township, Phase- 11, Pal Road, Jodhpur.
                                                     ----Petitioner
                            Versus
1.   State of Rajasthan Through the Principal Secretary,
     Department of Mines & Geology, Government of Rajasthan,
     Secretariat, Jaipur.
2.   Joint Secretary to Government, (Gr.II), Mines & Geology
     Department, Government of Rajasthan, Secretariat, Jaipur.
3.   The Director, Mines & Geology Department, Government of
     Rajasthan, Udaipur.
4.   Mining Engineer-II,   Department   of   Mines   &   Geology,
     Rajsamand.
                                                ----Respondents
                       Connected with
        (2) S. B. Civil Writ Petition No. 7043 / 2017
Narrottam Singh Jadaun, Son of Shri Kishan Singh, aged about 52
years, Resident of 177, Vardhman Nagar, Hindaun City, Distt.
Karauli.
                                                     ----Petitioner
                            Versus
1.   State of Rajasthan through the Principal Secretary,
     Department of Mines & Geology, Government of Rajasthan,
     Secretariat, Jaipur
2.   Joint Secretary to Government, (Gr.II), Mines & Geology
     Department, Government of Rajasthan, Secretariat, Jaipur.
3.   The Director, Mines & Geology Department, Government of
     Rajasthan, Udaipur.
4.   Mining Engineer-II,   Department   of   Mines   &   Geology,
     Rajsamand.
                                                ----Respondents


        (3) S. B. Civil Writ Petition No. 8487 / 2017
M/s Surya Associates through its Partner Shri Ghanshyamsarda
Son of Shri Ramnivassarda, aged about 56 years having
                                 (2 of 4)
                                                           [CW-7038/2017]

Registered Office At D/3, LIC Flats, Sector- 2, Vidhyadhar Nagar,
Jaipur.
                                                         ----Petitioner
                               Versus
The State of Rajasthan through the Principal Secretary, Mines
Department, Government of Rajasthan, Government Secretariat,
Jaipur.
                                                      ----Respondent


        (4) S. B. Civil Writ Petition No. 8517 / 2017
M/s Kuber Associates through its Partner Shri Giriraj Sharma S/o
Shri Ramgopal Sharma, aged about 35 years having Registered
Officer at C-57, Hanumangarh Nagar, Khatipura, Jaipur, Rajasthan.
                                                         ----Petitioner
                               Versus
1.   The State of Rajasthan Through the Principal Secretary,
     Mines Department, Government of Rajasthan, Government
     Secretariat, Jaipur.
2.   Director, Mines & Geology Department, Government of
     Rajasthan, Udaipur.
3.   Mining Engineer, Sojat City, Tehsil Sojat, District Pali.
                                                     ----Respondents


        (5) S. B. Civil Writ Petition No. 8518 / 2017
M/s Chandak Associates through its Partner Shri Gajraj Singh
Solanki S/o Shri Mangal Singh Solanki, aged about 35 years,
having Registered Office At B-37-38, Hanuman Nagar, Khatipura,
Jaipur, Rajasthan.
                                                         ----Petitioner
                               Versus
1.   The State of Rajasthan through the Principal Secretary,
     Mines Department, Government of Rajasthan, Government
     Secretariat, Jaipur.
2.   State of Rajasthan through Principal Secretary, Mines
     Department, Government of Rajasthan, Secretariat, Jaipur.
3.   Director, Mines & Geology Department, Government of
     Rajasthan, Udaipur.
4.   Mining Engineer, Sojat City, Tehsil Sojat, District Pali
                                                     ----Respondents
                                 (3 of 4)
                                                           [CW-7038/2017]

         (6) S. B. Civil Writ Petition No. 8519 / 2017
Ms. Shekhawat Associates through its Partner Shri Chandrabhan
Singh S/o Shri Motisingh Shekhawat, Aged About 39 Years, Having
Registered Officer At 226, Jaswant Nagar, Khatipura, Jaipur,
Rajasthan.
                                                         ----Petitioner
                               Versus
1.   The State of Rajasthan Through the Principal Secretary,
     Mines Department, Government of Rajasthan, Government
     Secretariat, Jaipur.
2.   State of Rajasthan Through Principal Secretary to Govt. of
     Rajasthan, Mines Department, Government of Rajasthan,
     Secretariat, Jaipur
3.   Director, Mines & Geology Department, Government of
     Rajasthan, Udaipur.
4.   Mining Engineer, Sojat City, Tehsil Sojat, District Pali.
                                                     ----Respondents


         (7) S. B. Civil Writ Petition No. 8520 / 2017
Anil Joshi S/o Shri Suresh Chandra Joshi, aged about 42 years,
R/o 60, Prabhat Nagar, Benar Road, Jodhpur, Rajasthan.
                                                         ----Petitioner
                               Versus
1.   The State of Rajasthan through the Principal Secretary,
     Mines Department, Government of Rajasthan, Government
     Secretariat, Jaipur.
2.   State of Rajasthan through Principal Secretary, Mines
     Department, Government of Rajasthan, Secretariat, Jaipur
3.   Director, Mines & Geology Department, Government of
     Rajasthan, Udaipur.
4.   Mining Engineer, Sojat City, Tehsil Sojat, District Pali.
                                                     ----Respondents


_____________________________________________________
For Petitioners   :   Mr. Sandeep Singh Shekhawat
For Respondents :     Mrs. R.R. Kanwar, Govt. Counsel
_____________________________________________________
                                  (4 of 4)
                                                           [CW-7038/2017]

              HON'BLE MS. JUSTICE NIRMALJIT KAUR

Order 20/07/2017 All the above writ petitions shall stand decided by this common order as the issue involved therein is identical.

Admittedly, the alternative remedy of statutory appeal/ revision is available against the impugned order passed by the Mining Engineer. The present writ petitions have been filed without availing the statutory remedy available in law.

Accordingly, learned counsel for the petitioners states that he may be allowed to withdraw the present writ petitions to enable him to avail the alternative remedy available to him in law.

Dismissed as withdrawn.

However, in case the petitioners file the statutory appeal/ revision within one week from today, the concerned authority shall decide the application for interim stay immediately in accordance with law.

(NIRMALJIT KAUR), J.

Inder/56-57 152,154-157