Rajasthan High Court - Jodhpur
State Of Rajasthan vs M/S Gotan Limestone Khanij Udyog Pvt. ... on 24 November, 2022
Bench: Pankaj Mithal, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 442/2022
1. State Of Rajasthan, Through Principal Secretary, Mines
Department Government Secretariat, Jaipur.
2. Joint Secretary, Mines (Gr. 2) Department, Government
Secretariat, Jaipur.
3. Director, Department Of Mines And Geology, Rajasthan,
Udaipur.
4. Assistant Mining Engineer, Department Of Mines And
Geology, Gotan, Tehsil Merta City, District Nagaur.
----Appellants
Versus
M/s Gotan Limestone Khanij Udyog Pvt. Ltd., Having Its
Registered Office At D7 Shastri Nagar Jodhpur Power Of Attorney
Rajesh Kedia S/o Bajrang Lal Kedia Aged 55 Year Resident Of 53
Officers, Flat Jublee Road Northern Sahar Jamshedpur
Jharkhand.
----Respondent
For Appellant(s) : Mr. Sandeep Shah, Sr. Adv. & AAG
Ms. Akshiti Singhvi
For Respondent(s) : Mr. Sudhir Gupta, Sr. Adv.
Mr. Kamlakar Sharma, Sr. Adv.
through V.C.
Mr. Ramit Mehta
Ms. Shweta Chouhan
Mr. Anjay Kothari
Mr. Saurabh Maheshwari
Mr. Saransh Vij for
Mr. Sudhir Tak, AAG
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL
HON'BLE MS. JUSTICE REKHA BORANA
Order 24/11/2022 Heard learned counsel for the parties.
The appeal is directed against the order dated 24.02.2022 passed by the writ Court refusing to vacate the interim order (Downloaded on 25/11/2022 at 11:50:24 PM) (2 of 2) [SAW-442/2022] passed in S.B. Civil Writ Petition No. 12253/2019 and rejecting the application of the appellants moved under Article 226(3) of the Constitution of India. The stay order in the above writ petition was passed on 21st August 2019 and had been operating since then. Therefore, once the writ Court, after conscious application of mind has decided not to vacate it, we do not intend to interfere with the same as the appellants can always get the writ petition decided on merits.
In view of the aforesaid facts and circumstances, we dispose of this appeal with the request to the writ Court to proceed and decide the writ itself on its own merits uninfluenced by any findings or observations recorded in the impugned order most expeditiously, preferably within a period of three months.
In view of the above order disposing of the appeal without going into the merits, we do not consider it appropriate to deal with various other applications which have been moved in the appeal including that for impleadment of any party, particulary, when the party seeking seeking impleadment is already a party in the writ petition.
It goes without saying that the parties would cooperate in the expeditious disposal of the writ petition and would not seek any unnecessary adjournment or move unnecessary applications to delay the proceedings.
As agreed by the counsel for the parties, we direct the office to list the concerned writ petition on 13th December 2022.
(REKHA BORANA),J (PANKAJ MITHAL),CJ
18-Jayesh/-
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