Rajasthan High Court - Jodhpur
Wajid Ali vs State Of Rajasthan on 22 January, 2020
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 672/2020
M/s. Hinglaj Stone, Through Its Partner Shri Pawan Kumar Joshi
S/o Jagdish Prasad Joshi Aged 42 Years R/o Opposite Terapanth
Bhawan Jawahar Nagar, Amet Rajsamand. (Rajasthan).
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Mines
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Additional Director, (Environment And Development),
Mines And Geology Department, Directorate, Udaipur.
3. The Superintending Engineer, Mines And Geology
Department, Jodhpur.
4. The Mining Engineer, Mines And Geology Department,
Jodhpur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 7285/2019
Wajid Ali S/o Shri Subhan Ali, Aged About 47 Years, R/o Pathan
Mohallah Anantpura, District Kota (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Mines
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Additional Director (Environment And Develoment),
Mines And Geology Department, Directorate, Udaipur.
3. The Mining Engineer, Mines And Geology Department,
Bijoliya, Distt. Bhilwara.
----Respondents
S.B. Civil Writ Petition No. 16089/2019
Manjoor Hussain S/o Mohd. Hussain, Aged About 66 Years, By
Caste Muslim R/o Rajnagar Tehsil And District Rajsamand
(Rajasthan).
----Petitioner
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(2 of 4)
Versus
1. State Of Rajasthan, Through Secretary, Mines
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Additional Director (Administration And
Development), Mines And Geology Department,
Directorate, Udaipur.
3. The Mining Engineer, Mines And Geology Department,
Rajsamand (Division) First, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 19019/2019
Sharda W/o Shri Laxman Singh, Aged About 36 Years, Resident
Of Village Degana, Tehsil Degana, District Nagaur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Mines And Geology, Government Of Rajasthan, Jaipur.
2. The Additional Director Mines, Mines And Geology
Department, (Env. And Dev.) Udaipur.
3. The Director, Mines And Geology, Government Of
Rajasthan, Udaipur.
4. The Assistant Mining Engineer, Mines And Geology
Department, Gotan (Nagaur)
----Respondents
S.B. Civil Writ Petition No. 789/2020
Devi Singh S/o Shri Goverdhan Singh Solanki, Aged About 61
Years, R/o Jheelwara Tehsil Gadhbor District Rajsamand.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Mines
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Additional Director (Enviornment And
Development), Directorate Of Mines And Geology
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(3 of 4)
Department, Udaipur.
3. The Mining Engineer, Department Of Mines And
Geology, Rajsamand, Division-I.
----Respondents
For Petitioner(s) : Mr. Kuldeep Vaishnav.
Mr. Arvind Shrimali.
Mr. Amit Vyas.
For Respondent(s) : Mr. Digvijay Singh Jasol.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 22/01/2020 These writ petitions have been filed by the petitioners aggrieved against rejection of their appeals as barred by limitation by the Additional Director (Mines), Udaipur.
It is submitted by learned counsel for the petitioners that the issue raised in the writ petitions is squarely covered by the order passed by this Court in S.B. Civil Writ Petition No.14920/2017 :
Madan Lal v. State of Rajasthan and Ors., decided on 11.05.2018, whereby the petitions filed by the petitioners were allowed and the matters were remanded back and therefore, these writ petitions may also be decided in terms of the order passed in the case of Madan Lal (supra).
Learned counsel for the respondents is not in a position to dispute that the issue raised in the present petitions is similar to the issue raised in the case of Madan Lal (supra).
In the case of Madan Lal (supra), this Court after considering the issue raised, directed as under :-
"In view of the above discussions, the impugned orders passed by the respondent No.2 - Additional Director (Environment & Development), Mines & Geology, Udaipur dismissing the appeals of the petitioners on the ground of (Downloaded on 22/01/2020 at 09:03:37 PM) (4 of 4) limitation are set aside with the direction to the respondent No.2 to decide the matter afresh after deciding the application for condonation of the limitation period as per Rule 63 of the Rajasthan Minor Mineral Concession Rules, 2017 by counting the stipulated maximum period of six months from the date when the order of cancellation was communicated.
Accordingly, the writ petitions are disposed of as above."
In view of the above fact situation, the writ petitions filed by the petitioners are allowed in light of and with similar directions as given in the case of Madan Lal (supra).
(ARUN BHANSALI),J 41 to 43, 221 & 225-Rmathur/-
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