Disposed

M/S Dharmraj Bricks v. State of Rajasthan

Rajasthan HC11 Jul 2019CW/11707/2019

Case brief

AI extract

What is this about?

The High Court disposed of the writ application without rehearing the merits, relying on a coordinate bench decision that directed the petitioner to seek renewal/consent from the Pollution Control Board within one month and ignored the administrative note on land conversion.

What did the court decide?

Petitioner directed to approach State respondents addressing grievance within two weeks. Writ application disposed off.

M/S Dharmraj Bricks Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 11707/2019

¶3

M/s Dharmraj Bricks, Through Proprietor Om Prakash S/o Sh Jagan Singh, Aged About 45 Years, By Caste Jat, R/o Village Rela (Arua), Tehsil-Kathumar, Distt. Alwar, (Rajasthan).

¶4

----Petitioner

¶5

Versus

¶6

I. State Of Rajasthan, -,-$ +, Through r Secretary, Revenue, F2 $2 4 i-,, .."*%

¶7

Government f;&a.sthan~i$~~dr.,: &--Q+ 2, :*. .,. r *.. r ,.. x 3" ,a %& &l +'f ,&:<.,<F f:

¶8

1. eional~~~fflcer, Rajasthan State ollutich- Control Board, .t%L,,-J-+* '< _L'"_

¶9

8/4a644j +. 2 Neb Housing Board Colony, ~elh~~..~dad, SP- ;, Alwar. L. *;a. q 4.

¶10

1. M? ~ub*~ivisional % Officer, Kathumar, District Alwatt&$> .". & &'%A& "$&, %%#

¶11

----Respondents

¶12

:$;;,>k*!;, i7eI:G'Er rF--L..i4 ?.).& the petitioner submits $y+J$.;e4!~$ $,Cf. ,c'~ '.y: >, u -a 8 : ..' ? 8 y.$ ip the..F.mst!at$ writ application is no :aw&:g? '\ ,a ; ty$? $;yi"$zzq>zy?,%~~- >.e-q:;;i:.&r.~$;x$" Ihe-?d&Jgudication by a Coordinate ?&% .$~ 3 .wwm&mw ~$9 2 I$,, :; >7& "h%">~+w?cC"a- ,z $:-%- '- 2-3 Bench of this Co u rt i n'gthhe*ease20fd#~~~&aubhagh Bricks \Is. State of Rajasthan and Anr,:SBCWP No. 19083/2017, decided

¶13

on 7th May, 2018, holding thus:

¶14

"5. The question still remains whether the petitioner's land shall be treated as converted or not.

¶15

Keeping in view the provisions of law, it is noted that any order or any noting made by the administrative authorities. which goes contrary to the provisions of law, shall have to be ignored and in the present case, the petitioner can safely submit that the said note made in the conversion order is required to be ignored:

¶16

In the circumstances, it is held that the note appended to the conversion order shall be ignored for all purposes and with the said observations, the petitioner is left free to again move application before the Pollution Control Board for examining the matter with regard to renewal and/or consent for the purpose of Brick-Kiln. If such an application is moved, it is incumbent upon the Pollution Control Board to decide the same within a period of one month of submitting the application.

¶17

With the aforesaid observations/directions, the writ petition stands allowed."

¶18

In view of petitioner is -" . '-. "s&., %42 required toapproach the State-respondents i\h( 3, kaid* grievance2raised before this Court. The Ah&& address a comprehensive representation I enclosing a copy of the order in the case of (supra), within two weeks hereinafter.

¶19

In the event, o azldressed; the respondents would do tqermine rmine the same in the backdrop of the law decla I< Cour t of the land and in accordance with the

¶20

Needful be done ssible; however, in no case later than two te of receipt of the '*.. *l.< representation along wi~~~;$$$$d$~~~f tl -.<,: this order.

¶21

With the observations and directions, as indicated above, the writ application stands disposed off.

¶22

(VEERENDRA SINGH SIRADHANA),J

¶23

Pooja 183

M/S Dharmraj Bricks v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

M/S Dharmraj Bricks v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Suji Lal S/O. Late Shri Narayan Vs State of Rajasthan

Anil Kumar Srivastava S/O Late Shri Vijay Bahadur Srivastava Vs State of Rajasthan

Ramkala W/O Hansraj Vs State of Rajastha

Mr. Banwari Sharma S/O Mr. Ramgopal Mishra Vs Board of Revenue

Ramavtar S/O Shri Ghisaram Vs Brijmohan S/O Shri Dulichand

Sangeeta Devi W/O Nayak Suresh Kumar Dhivan Vs Senior Record Officer