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Rajasthan High Court - Jodhpur

Rameshwari Devi vs State Of Rajasthan (2024:Rj-Jd:23840) on 24 May, 2024

Author: Nupur Bhati

Bench: Nupur Bhati

[2024:RJ-JD:23840]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 6644/2024

Rameshwari Devi W/o Shri Rajaram, Aged About 41 Years,
Resident Of Village Khajwana, Tehsil Mundwa, District Nagaur.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through The Director, Mines And
         Geology, Khanij Bhawan, Udaipur.
2.       Addl. Director, Mines And Geology, Jaipur.
3.       Superintending Mining Engineer, Mines And Geology,
         Ajmer Circle, Ajmer.
4.       Mining Engineer, Mines And Geology, Nagaur.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vikas Bijarnia
For Respondent(s)         :     Mr. Mahaveer Bishnoi, AAG
                                Mr. Gaurav Bishnoi


               HON'BLE DR. JUSTICE NUPUR BHATI

Order 24/05/2024

1. Mr. Mahaveer Bishnoi, learned AAG appearing for the Mining Department on caveat, at the outset submits that the petitioner has preferred the present writ petition against the demand notice dated 19.03.2024 (Annexure-10) sent by the Mining Engineer, Mines And Geology Department, Nagaur, against which, the petitioner is having an efficacious alternative remedy under Rule 63 of Rajasthan Minor Mineral Concession Rules, 2017. He thus argued that present writ petition be not entertained.

2. Having regard to the facts and circumstances of the case, this Court is not inclined to exercise its extraordinary jurisdiction.

3. The writ petition is, therefore, disposed of. (Downloaded on 24/05/2024 at 09:17:04 PM)

[2024:RJ-JD:23840] (2 of 2) [CW-6644/2024]

4. The petitioner shall, however, be free to approach the Appellate Authority.

5. In case petitioner prefers an appeal alongwith stay application within a period of seven days, the Appellate Authority shall consider at least stay application (if not the appeal) in accordance with law within a period of 15 days.

6. Till, disposal of the stay application, the petitioner's mining lease shall not be cancelled for alleged default arising from the demand notice dated 19.03.2024. Whereafter the order of the Appellate Authority shall hold the field.

7. Stay application too stands disposed of accordingly.

(DR. NUPUR BHATI),J 391-amit/-

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