Dismissed

Balveer Singh S/O Shri Karan Singh v. the State of Rajasthan

Rajasthan HC8 Nov 2021CW/2032/2021

Case brief

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What is this about?

The Division Bench dismissed a writ petition challenging Rule 5 of the Rajasthan Minor Mineral Concession Rules, 2017 and the consequent cancellation of a Letter of Intent, respectfully following a prior Division Bench judgment holding the rule valid, noting that a pending appeal to the Supreme Court does not suspend the lower court's reasoning.

What did the court decide?

Petition dismissed without separate reasons as the earlier Division Bench judgment is respectfully followed.

Balveer Singh S/O Shri Karan Singh Vs the… — Contract and Commercial Disputes | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 2032/2021

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Balveer Singh S/o Shri Karan Singh, Aged About 50 Years, R/o Village Seel Bhakri Tehsil Parbatsar District Nagour.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Principal Secretary To Government, Mines Department, The Government Of Rajasthan, Secretariat, Jaipur.

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The Director, Mines And Geology Department, Khanij Bhawan, Udaipur.

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The Superintending Mining Engineer, Mines And Geology Department, Bharatpur.

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The Assistant Mining Engineer, Mines And Geology Department, Sawai Madhopur.

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----Respondents

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For Petitioner(s) : Mr. Ankit Bishnoi on behalf of Mr. Manish Sharma

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For Respondent(s) :

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE KUMARI JUSTICE REKHA BORANA

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Order

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08/11/2021

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The petitioner has challenged Rule 5 of the Rajasthan Minor Mineral Concession Rules, 2017 and a consequential rejection/cancellation of Letter of Intent issued to the petitioner in respect of a strip of land of 30 metres width.

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Learned counsel for the petitioner candidly stated that identical issues raised by the petitioner in the present petition came up for consideration before the Division Bench of this Court in case of M/s Rana Marbles and Mines Vs. State of

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(2 of 2)

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[CW-2032/2021]

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Rajasthan and Ors. (DB Civil Writ Petition No.5305/2017) decided on 16.04.2019. The group of petitions were dismissed. Challenge to the vires of Rule 5 and 89 of the said Rules of 2017 was rejected. Counsel pointed out that against the said judgment of the Division Bench, some of the aggrieved petitioners have approached the Supreme Court and the challenge is pending.

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Despite pendency of the appeal against the Division Bench judgment of this Court, the ratio laid down in the decision continues to operate and bind us.

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In that view of the matter, without recording separate reasons, respectfully following the judgment of Division Bench of this Court in the case of M/s Rana Marbles and Mines (supra) , this petition is dismissed.

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(REKHA BORANA),J

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(AKIL KURESHI),CJ

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Kamlesh Kumar/N.Gandhi/13

Balveer Singh S/O Shri Karan Singh v. the State of Rajasthan

Case brief

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Balveer Singh S/O Shri Karan Singh v. the State of Rajasthan

Case brief

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