Rajasthan High Court - Jodhpur
M/S. Sokhal Mining Pvt. Ltd vs The State Of Rajasthan on 20 February, 2020
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2187/2020
M/s. Sokhal Mining Pvt. Ltd., Through Its Authorised
Representative Shri Kuldeep Singh Yadav S/o Shri Harisingh
Yadav Age 48 R/o 236-Huda Market, Sector 10 A, Gurgaon,
(Haryana).
----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 Mining Engineer, Mines And Geology
Department, Jaipur.
4. The Mining Engineer, Mines And Geology Department,
Alwar (Raj.).
----Respondents
Connected With
S.B. Civil Writ Petition No. 2198/2020
Bastiram S/o Sher Singh Yadav, Aged About 37 Years, Village
Radhva Post Sihalikala Tehsil Mundawar District Alwar (Raj.)
----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 Mining Engineer, Mines And Geology Department,
Alwar (Rajasthan).
----Respondents
S.B. Civil Writ Petition No. 2202/2020
M/s. Sokhal Minining Pvt. Ltd., Through Its Authorized
Representative Kuldeep Singh Yadav S/o Harisingh Yadav Aged
48, R/o 236 Huda Market, Sector 10 A, Gurgaon, (Haryana).
----Petitioner
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(2 of 3) [CW-2187/2020]
Versus
1. State Of Rajasthan, Through The Secretary, Mines
Department, Government Of Rajasthan, Secretariat,
Jaipur.
2. The Additional Director (Environment And Development),
Mines And Geology Department, Directorate, Udaipur.
3. The Superintending Mining Engineer, Mines And Geology
Department, Jaipur.
4. The Mining Engineer, Mines And Geology Department,
Alwar (Raj.).
----Respondents
For Petitioner(s) : Mr.J.S. Naruka
Mr. Kuldeep Vaishnav.
For Respondent(s) : Mr. D.S. Jasol.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 20/02/2020 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). (Downloaded on 20/02/2020 at 09:14:29 PM)
(3 of 3) [CW-2187/2020] 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 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 39, 41 & 42-Rmathur/-
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