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1 - 10 of 11 (0.24 seconds)Article 14 in Constitution of India [Constitution]
State Of Raj. & Ors vs Ashok Kumar Jain on 2 April, 2018
The
State Government preferred an appeal being D.B.S.A.W.
No.962/2022 (State of Rajasthan & Ors. Vs. Ashok Kumar Jain)
was dismissed by the Division Bench vide order dated 02.09.2022
with liberty to file review petition and the review petition being
S.B. Civil Review Petition No.193/2022 (State of Rajasthan & Ors.
Vs. Ashok Kumar Jain) was dismissed while holding that
considering the fact that considering the fact that judgment of
which review has been sought, was passed in presence of another
AAG would not give any liberty to argue the matter on merits. He
also submitted that the present petitions are liable to be
dismissed on the ground of alternative and statutory remedy of
revision petition under Section 30 of the Act of 1957.
Section 10A in The Mines And Minerals (Development And Regulation) Act, 1957 [Entire Act]
M/S. Krishna Marbles vs State Of Rajasthan And Ors on 8 August, 2018
The impugned orders dated 17.10.2015 and
20.10.2015 qua the petitioners are set aside. This
Court would have directed the respondent-
authorities to issue mining license in terms of the
Order dated 23.08.2017 passed in the case of M/s.
Wonder Cement Limited (supra) but this Corut is
bound by its own order dated 02.08.2017 passed in
the case of M/s. Krishna Marbles (supra) which is
prior in time.
Article 226 in Constitution of India [Constitution]
Section 30 in The Mines And Minerals (Development And Regulation) Act, 1957 [Entire Act]
Gorkha Security Services vs Govt. Of Nct Of Delhi & Ors on 4 August, 2014
12. Learned counsel for the petitioners also submitted that in
pursuance of the order of a Coordinate Bench of this Court dated
30.08.2017, passed in the earlier writ petition of the petitioner (in
SBCWP No.5211/2021), wherein it was directed to pass fresh
order in accordance with law after following the principles of
natural justice and examining the each case separately, issued a
communication providing the petitioners an opportunity of
personal hearing through video conferencing and in the said
letter, no violation, irregularities or ineligibility were pointed in
respect of which the petitioner was required to furnish his
explanation. Thus, the said letter cannot be termed as a show
cause notice. It was submitted that the fundamental purpose of
giving a notice is to inform about the case set up against him
which he has to meet and particulars of the penalty/action which
is proposed to be taken. Both the things were missing in the said
letter. However, though the petitioner narrated all the facts and
that there is no violation of rules in granting the LoI in favour of
the petitioner, however, the Committee passed the impugned
order dated 10.02.2021, without considering any material and in
hasty manner and thus, the same is against the settled principle
of law and the entire proceedings subsequent thereto is laconic
and null and void. He placed reliance upon the judgment rendered
in the case of Gorkha Security Services Vs. Government
(NCT of Delhi) & Ors. [(2014) 9 SCC 105].
Dalpat Singh Chudawat vs Union Of India on 18 May, 2023
In view of the submissions made, the present writ petition as
well as the stay application, is allowed in the same terms as in the
case of Dalpat Singh Chundawat (supra).
M/S Krishna Marble vs State Of Rajasthan on 18 May, 2023
Accordingly, the respondents are at liberty to pass a
fresh order in accordance with law after following
(D.B. SAW/908/2023 has been filed in this matter. Please refer the same for further orders)
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[2023:RJ-JD:25724] (17 of 21) [CW-13859/2021]
the principles of natural justice and examining each
case separately by a duly constituted committee to
be constituted by the Chief Secretary comprising of
at least three senior official in terms of the order
dated 02.08.2017 passed in S.B. Civil Writ Petition
No.15337/2016 (M/s Krishna Marble Vs. State of
Rajasthan & ors.). However, since the mining
license too was to be issued by 11.01.2017 and
much time has passed, the said Committee shall be
constituted within two weeks of the receipt of this
order. The said Committee shall decide the matter
as expeditiously as possible preferably within three
months thereafter. In case, the said Committee
decide the same in favour of the petitioners, the
concerned authority shall proceed in accordance
with law."