Rajasthan High Court - Jodhpur
Ashu Singh Bhati vs State Of Rajasthan And Ors on 22 April, 2022
Bench: Vijay Bishnoi, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 1111/2017
Shiva Corporation India Limited Through Its Director Shri Yagya
Pratap Singh Shekhawat S/o Shri Na, Having Its Registered
Office At A-24, Ambabadi, Sikar Road, Jaipur- 302012 Rajasthan
----Appellant
Versus
1. State Of Rajasthan Through Principal Secretary To
Government, Mines Department, Government Secretariat,
Jaipur.
2. Joint Secretary To Government, Mines Gr. 2 Department,
Government Secretariat, Jaipur.
3. Director, Department Of Mines And Geology, Udaipur.
4. Superintending Mining Engineer, Department Of Mines
And Geology, Bhilwara, Rajasthan
5. Assistant Mining Engineer, Tehsil Chittorgarh, District
Chottorgarh Rajasthan.
6. Union Of India Through Secretary, Ministry Of
Enviornment And Forest And Climate Change,
Government Of India, Paryavaran Bhawan, C.g.o
Complex, Lodhi And Road, New Delhi- 110003.
----Respondents
D.B. Spl. Appl. Writ No. 471/2018
Himmat Singh, Son Of Shri Kalyan Singh Shekhawat, Resident Of
98, Rooprajat Township, Phase-11, Paal Road, Jodhpur
Rajasthan.
----Appellant
Versus
1. State Of Rajasthan Through The Principal Secretary To
The Government, Mines Department, Government
Secretariat, Jaipur.
2. Jt. Secretary To Government, Mines Gr. 2 Department,
Government Secretariat, Jaipur.
3. Director, Department Of Mines And Geology, Udaipur.
4. Mining Engineer, Jodhpur.
5. Union Of India Through Secretary, Ministry Of
Environment And Forest And Climate Change,
(Downloaded on 22/04/2022 at 09:36:49 PM)
(2 of 7)
Government Of India, "paryavran Bhawan", C.g.o
Complex, Lodhi Road, New Delhi- 110003.
----Respondents
D.B. Spl. Appl. Writ No. 472/2018
Sher Singh Son Of Shri Mangal Singh, Resident Of 13, Shiv
Nagar, Ajmer Road, Jaipur Rajasthan.
----Appellant
Versus
1. State Of Rajasthan Through The Principal Secretary To
The Government, Mines Department, Government
Secretariat, Jaipur.
2. Jt. Secretary To Government, Mines Gr. 2 Department,
Government Secretariat, Jaipur.
3. Director, Department Of Mines And Geology, Udaipur.
4. Superintendent Mining Engineer, Ajmer, Distt. Ajmer,
Rajasthan.
5. Mining Engineer, Tehsil Makrana, District Nagar
6. Union Of India Through Secretary, Ministry Of
Environment And Forest And Climate Change,
Government Of India, Paryavranbhawan, C.g.o. Complex,
Lodhi Road, New Delhi- 110003.
----Respondents
D.B. Spl. Appl. Writ No. 473/2018
Ashu Singh Bhati, Son Of Shri Magan Singh Bhati, Resident Of
45, Pashchim Vihar, Vaishal Nagar, Jaipur Rajasthan.
----Appellant
Versus
1. State Of Rajasthan Through The Principal Secretary To
The Government, Mines Department, Government
Secretariat, Jaipur.
2. Jt. Secretary To Government, Mines Gr. 2 Department,
Government Secretariat, Jaipur.
3. Director, Department Of Mines And Geology, Udaipur.
4. Superintendent Mining Engineer, Bhilwara, Distt.
Bhilwara, Rajasthan.
5. Mining Engineer, Chittorgarh.
6. Union Of India Through Secretary, Ministry Of
(Downloaded on 22/04/2022 at 09:36:49 PM)
(3 of 7)
Environment And Forest And Climate Change,
Government Of India, Paryavranbhawan, C.g.o. Complex,
Lodhi Road, New Delhi- 110003.
----Respondents
D.B. Spl. Appl. Writ No. 601/2018
Abhimanyu Choudhary, Son Of Shri Naresh Kumar Choudhary,
Resident Of C-57, Hanuman Nagar, Raghu Marg, Khatipura,
Jaipur Rajasthan.
----Appellant
Versus
1. State Of Rajasthan Through The Principal Secretary To
The Government, Mines Department, Government
Secretariat, Jaipur.
2. Jt. Secretary To Government, Mines Gr. 2 Department,
Government Secretariat, Jaipur.
3. Director, Department Of Mines And Geology, Udaipur.
4. Superintendent Mining Engineer, Department Of Mines
And Geology, Khanij Bhawan, Behind Udyog Bhawan,
Jaipur.
5. Additional Director Mining Zone Udaipur, Udaipur.
6. Mining Engineer, Bhilwara
7. Union Of India Through Secretary, Ministry Of
Environment And Forest And Climate Change,
Government Of India, Paryavran Bhawan, C.g.o Complex,
Lodhi Road, New Delhi- 110003.
----Respondents
D.B. Spl. Appl. Writ No. 602/2018
Abhishek Choudhary, Son Of Shri Virendra Singh Choudhary,
Resident Of 16, Jato Ka Mohalla, Gram Harnathpura, Shyampura
Nuwa, Distt. Jhunjhunu.
----Appellant
Versus
1. State Of Rajasthan Through The Principal Secretary To
The Government, Mines Department, Government
Secretariat, Jaipur.
2. Jt. Secretary To Government, Mines Gr. 2 Department,
Government Secretariat, Jaipur.
3. Director, Department Of Mines And Geology, Udaipur.
(Downloaded on 22/04/2022 at 09:36:49 PM)
(4 of 7)
4. Superintending Mining Engineer, Department Of Mines
And Geology, Khanij Bhawan, Ajaad Nagar, Bhilwara.
5. Mining Engineer Department Of Mines And Geology
Jodhpur., Khanij Bhawan, Ajaad Nagar, Distt. Bhilwara,
Rajasthan.
6. Union Of India Through Secretary, Ministry Of
Environment And Forest And Climate Change,
Government Of India, "paryavran Bhawan", C.g.o
Complex, Lodhi Road, New Delhi- 110003.
----Respondents
D.B. Spl. Appl. Writ No. 603/2018
Shiva Corporation India Limited, Through Its Director Ashu Singh
Bhati, Son Of Shri. Magan Singh, Having Its Registered Office At
312, Ganpati Plaza, M.i. Road, Jaipur Rajasthan.
----Appellant
Versus
1. State Of Rajasthan Through Principal Secretary To The
Government, Mines Department, Government Secretariat,
Jaipur.
2. Jt. Secretary To Government, Mines Gr. 2 Department,
Government Secretariat, Jaipur.
3. Director, Department Of Mines And Geology, Udaipur.
4. Superintendent Mining Engineer Sme-Iii, Department Of
Mines And Geology, Khanij Bhawan, Shastri Circle,
Udaipur.
5. Union Of India Through Secretary, Ministry Of
Environment And Forest And Climate Change,
Government Of India, Paryavran Bhawan, C.g.o Complex,
Lodhi Road, New Delhi-110003.
----Respondents
D.B. Spl. Appl. Writ No. 604/2018
Ashu Singh Bhati Son Of Shri Magan Singh Bhati, Resident Of
45, Pashchim Vihar, Vaishali Nagar, Jaipur Rajasthan.
----Appellant
Versus
1. State Of Rajasthan Through The Principal Secretary To
The Government, Mines Department, Government
Secretariat, Jaipur.
(Downloaded on 22/04/2022 at 09:36:49 PM)
(5 of 7)
2. Jt. Secretary To Government, Mines Gr. 2 Department,
Government Secretariat, Jaipur.
3. Director, Department Of Mines And Geology, Udaipur.
4. Superintending Mining Engineer, Department Of Mines
And Geology, Khanij Bhawan, Ajaad Nagar, Bhilwara.
5. Mining Engineer Department Of Mines And Geology,
Khanij Bhawan, Ajaad Nagar, Distt. Bhilwara, Rajasthan.
6. Union Of India Through Secretary, Ministry Of
Environment And Forest And Climate Change,
Government Of India, "paryavran Bhawan", C.g.o
Complex, Lodhi Road, New Delhi- 110003.
----Respondents
D.B. Spl. Appl. Writ No. 620/2018
Rajasthan Fort And Palace Pvt. Ltd. Through Its Director Peter
Dessa, Son Of Shri Samuel Dessa, Having Its Registered Office
At 312, Ganpati Plaza, M.i. Road, Jaipur Rajasthan.
----Appellant
Versus
1. State Of Rajasthan Through The Principal Secretary To
The Government, Mines Department, Government
Secretariat, Jaipur.
2. Jt. Secretary To Government, Mines Gr. 2 Department,
Government Secretariat, Jaipur.
3. Director, Department Of Mines And Geology, Udaipur.
4. Mining Engineer, Chittorgarh.
5. Additional Director Mining, Udaipur Zone, Udaipur.
6. Union Of India Through Secretary, Ministry Of
Environment And Forest And Climate Change,
Government Of India, "paryavran Bhawan", C.g.o
Complex, Lodhi Road, New Delhi- 110003.
----Respondents
D.B. Spl. Appl. Writ No. 669/2018
Paras Sethi Son Of Shri Pradeep Kumar Sethi, Resident Of A-
189, New Friends Colony, New Delhi-110048
----Appellant
Versus
1. State Of Rajasthan Through Principal Secretary,
Department Of Mines And Geology, Government Of
(Downloaded on 22/04/2022 at 09:36:49 PM)
(6 of 7)
Rajasthan, Secretariat, Jaipur
2. Joint Secretary To Government, Mines Gr.ii Department,
Government Of Rajasthan, Government Secretariat,
Jaipur.
3. Director, Mines And Geology Department, Government Of
Rajasthan, Udaipur.
4. Assistant Mining Engineer, Department Of Mines And
Geology, Tehsil Chauhtan, District Barmer, Rajasthan.
5. Suprintendant Mining Engineer, Mines And Geology
Department, Jodhpur.
----Respondents
For Appellant(s) : Mr. Kuldeep Mathur, Senior Advocate
assisted by Mr. Ankur Mathur
For Respondent(s) : Mr. Sandeep Shah, AAG, assisted by
Mr. Abhimanyu Singh Rathore
Mr. Pooshan for Mr. B.P. Bohra
Mr. Pranav Sharma for Mr. Jaideep Singh
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment / Order 22/04/2022 Learned counsel for the appellants Mr. Kuldeep Mathur, Senior Advocate assisted by Mr. Ankur Mathur has submitted that the controversy involved in these appeals are set at rest by the Hon'ble Supreme Court in Special Leave Petition (Civil) No.10587 of 2019 passed in Bajri Lease Lol Holders Welfare Society Vs. The State of Rajasthan & Ors. decided on 11.11.2021 and, therefore, the matters may be remitted to the State Government to decide the cases of the appellants in the light of the order passed by the Hon'ble Supreme Court in Bajri Lease Lol Holders Welfare Society (supra) and the subsequent amendment brought by the State Government in Rule 5(4) of the (Downloaded on 22/04/2022 at 09:36:49 PM) (7 of 7) Rajasthan Minor Mineral Concession Rules, 2017 vide Notification dated November 16th, 2021, pursuant to the order passed by the Hon'ble Supreme Court.
Mr. Sandeep Shah, learned AAG appearing on behalf of the respondents is not in a position to dispute the fact that the controversy involved in these appeals is more or less covered by the decision of the Hon'ble Supreme Court in Bajri Lease Lol Holders Welfare Society (supra).
In view of the above, these appeals are disposed of. The matters are remitted to the State Government for taking a decision afresh in the light of the judgment of the Hon'ble Supreme Court in Bajri Lease Lol Holders Welfare Society (supra) and the amendment carried out by the State Government in Rule 5(4) of Rajasthan Minor Mineral Concession Rules, 2017 vide Notification dated November 16th, 2021.
It is expected that the State Government shall decide the present cases afresh expeditiously preferably within a period of three months from the date of production of certified copy of this order.
(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J 63-72-AjaySingh/-
(Downloaded on 22/04/2022 at 09:36:49 PM) Powered by TCPDF (www.tcpdf.org)