Rajasthan High Court - Jodhpur
Shivam Mines And Minerals, Indawad vs State Of Rajasthan on 6 July, 2020
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18111/2019
Shivam Mines And Minerals, Indawad, Tehsil Merta District
Nagaur Through Partner Bala Ram Khadav S/o Shri Jeevan Ram,
Aged 45 Years, By Caste Jat, Resident Of Village Indawad, Tehsil
Merta City District Nagaur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Mines And Geology, Government Of Rajasthan,
Secretariat, Jaipur.
2. Director, Mines And Geology Department, Udaipur.
3. Mining Engnieer (Recovery), Mines And Geology
Department, Sirohi.
----Respondents
For Petitioner(s) : Mr R.S.Choudhary
For Respondent(s) : Mr Digvijay Singh Jasol
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 06/07/2020 This writ petition is filed by the petitioner being aggrieved with the notice dated 22.07.2019 issued by respondent No.3, whereby the petitioner was asked to show cause why penalty to the tune of Rs.6,00,000/- be not levied upon him on account of illegal transportation of mineral feldspar in the form of grains, chips and gitti out of the State. In the said notice, reference of two notifications dated 5.10.2018 and 10.03.2019 issued by the State Government restricting the transportation of mineral feldspar lumps out of State for a period of three years has been given.
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(2 of 3) [CW-18111/2019] The petitioner has also challenged the order dated 07.11.2019 passed by respondent No.3, whereby the petitioner was directed to deposit a sum of Rs.6,00,002/- within a period of 15 days from the date of issuance of the said order.
Learned counsel for the petitioner has submitted that the respondent - Mining Department has levied the penalty of Rs.6,00,000/- against the petitioner pursuant to the notification issued by the State Government dated 05.10.2018 and 10.03.2019, however, the Division Bench of this Court in M/s Surana Minerals Pvt. Ltd. vs. State of Rajasthan & Ors., D.B. Civil Writ Petition No.4101/2019 along with other connected writ petitions has set aside the notifications dated 05.10.2018 and 10.03.2019 vide judgment dated 16.04.2020, hence, the penalty levied against the petitioner vide impugned notice and the order is liable to be set aside. Mr Digvijay Singh Jasol, learned counsel appearing for the respondent - Mining Department is not in a position to dispute the said position.
The Division Bench of this Court in operative part of the judgment dated 16.04.2020 passed in M/s Surana Minerals Pvt. Ltd. vs. State of Rajasthan & Ors. (supra) has held as under:
"47. In view of the discussion above, the vires of Rule 82 of the Rules deserves to be upheld, ofcourse, with the declaration that in exercise of the power conferred under the said rule, the State Government is not empowered to put restriction on transportation of the minerals outside the State and such power can only be exercised so as to regulate the transportation thereof only for the purposes of preventing illegal mining transportation and storage of the mineral and connected therewith. The impugned notifications issued by the State Government in purported exercise of power conferred under Rule 82 of the Rules of 2017, putting restriction on transportation of the (Downloaded on 07/07/2020 at 08:44:29 PM) (3 of 3) [CW-18111/2019] mineral feldspar in lumps or in the form of grains, chips and gitti so as to protect the domestic industries and in public interest are ex-facie violative of the provisions of Part XIII of the Constitution and deserve to be quashed.
48. Accordingly, the writ petitions are allowed. The impugned notifications dated 5.10.18 and 10.3.19 issued by the Department of Mines, Government of Rajasthan are declared unconstitutional and quashed. No order as to costs."
In view of the above, this writ petition is allowed. The impugned show cause notice dated 22.07.2019 and the order dated 07.11.2019 passed by respondent No.3 are set aside.
Stay petition stands disposed of.
Application dated 09.06.2020 (Inward No.1/2020) for preponment of date of listing the matter stands disposed of.
(VIJAY BISHNOI),J 78 masif/-PS (Downloaded on 07/07/2020 at 08:44:29 PM) Powered by TCPDF (www.tcpdf.org)