Disposed

M/S. Delwara Marble and Granite Pvt. Ltd., v. State of Rajasthan

Rajasthan HC28 Oct 2021SAW/993/2019

Case brief

AI extract

What is this about?

This bench disposed of multiple special writ appeals filed by various marble mining lease holders. The court allowed the appellants to withdraw the appeals and approach the Civil Court for appropriate remedies, with a direction that the Civil Court shall decide the matter in accordance with law.

What did the court decide?

Permission granted to withdraw special appeals and approach Civil Court for appropriate remedies.

M/S. Delwara Marble and Granite Pvt. Ltd., Vs… — Writ and Judicial Review | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Spl. Appl. Writ No. 995/2019

¶3

Arora J K Natural Marble Pvt Ltd, A Company Incorporated Under The Companies Act, 1956 And The Lease Holder Of Mining Lease No. 12/2010, Through Its Director Vikram Singh Arora Son Of Jagmohan Arora, Aged About 37 Years, R/o 140, G-1, Idea Apartment, New Fatehpura, Udaipur.

¶4

----Appellant

¶5

Versus

¶6

State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶7

Assistant Mining Engineer, Rishabhdev, Udaipur.

¶8

Chief Forest Conservator, Protection And Nodal Officer, FCA, Rajasthan.

¶9

Deputy Conservator Of Forest, Udaipur.

¶10

Union Of India Through Secretary, Ministry Of Environment And Forest, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

¶11

----Respondents

¶12

Connected With

¶13

D.B. Spl. Appl. Writ No. 848/2019

¶14

M/s Mohit Marble And Industries, A Partnership Firm And The Lease Holder Of Mining Lease No. 70/2001 Through Its Partner Deepak Soni Son Of Bhanwar Lal Soni, Aged About 44 Years, Resident Older Industrial Area, Plot No. 108, Madangang, Kishangarh, District Ajmer.

¶15

----Appellant

¶16

Versus

¶17

State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶18

Assistant Mining Engineer, Rishabhdev, Udaipur

¶19

Chief Forest Conservator, Protection And Nodal Officer, FCA, Rajasthan.

¶20

Deputy Conservator Of Forest, Udaipur.

¶21

Union Of India, Through Secretary, Ministry Of Environment And Forest, Paryavarn Bhawan, C.G.O., Complex, Lodhi Road, New Delhi.

(2 of 8)

[SAW-995/2019]

----Respondents

D.B. Spl. Appl. Writ No. 849/2019

¶26

M/s. Hari Priya Enterprises Pvt. Ltd., Aditya Plaza, Rishabhdev, District Udaipur, A Company Incorporated Under The Companies Act, 1956 And The Lease Holder Of Mining Lease No. 20/2011 And 22/2011 Through Its Director D.k. Kheda Son Of Late Sh. Prabhulal Ji, Aged About 49 Years, Resident Of 270 Pratap Nagar, Raipur Scheme, New Hospital Road, Dungarpur.

¶27

----Appellant

¶28

Versus

¶29

State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶30

Assistant Mining Engineer, Rishabhdev, Udaipur.

¶31

Chief Forest Conservator, Protection And Nodal Officer, FCA, Rajasthan.

¶32

Deputy Conservator Of Forest, Udaipur. 5. Union Of India, Through Secretary, Ministry Of Environment And Forest, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

¶33

----Respondents

¶34

D.B. Spl. Appl. Writ No. 919/2019

¶35

M/s. Dee Jay Neelam Marble Pvt Ltd, A Company Incorporated Under The Companies Act, 1956 And The Lease Holder Of Mining Lease No. 215/2008 Through Its Director Sharat Kataria Son Of Heera Lal Kataria, Age About 56 Years Resident Of Nh-8, Bhuvana, Udaipur, Rajasthan.

¶36

----Appellant

¶37

Versus

¶38

State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶39

Assistant Mining Engineer, Rishabhdev, Udaipur.

¶40

Chief Forest Conservator, Protection And Nodal Officer, FCA, Rajasthan.

¶41

Deputy Conservator Of Forest, Udaipur.

¶42

Union Of India Through Secretary, Ministry Of Environment And Forest, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

----Respondents

(3 of 8)

[SAW-995/2019]

D.B. Spl. Appl. Writ No. 920/2019

¶47

M/s Jain Irons, A Partnership Firm And The Lease Holder Of Mining Lease No. 06/1998 Through Its Partner Mr. Om Prakash Agarwal Son Of Mr. Tarachand Agarwal, Age About 59 Years, Resident Of 43 Panchwati Opposite Telegram Office, Udaipur.

¶48

----Appellant

¶49

Versus

¶50

State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶51

Assistant Mining Engineer, Rishabhdev, Udiapur. 3. Chief Forest Conservator, Protection And Nodal Officer, FCA, Rajasthan.

¶52

Deputy Conservator Of Forest, Udaipur.

¶53

Union Of India, Through Secretary, Ministry Of Environment And Forest, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

¶54

----Respondents

¶55

D.B. Spl. Appl. Writ No. 935/2019

¶56

M/s. Shree Neelkanth Marble, A Partnership Firm And The And Lease Holder Of Mining Lease No. 16/2004, Through Its Partner Mr. Ajay Kumar Soni Son Of Mr. Vijay Kumar Soni, Age About 41, Resident Of Jawahar Nagar, Udaipur, Rajasthan.

¶57

----Appellant

¶58

Versus

¶59

State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶60

Assistant Mining Engineer, Rishabhdev, Udaipur. 3. Chief Forest Conservator, Protection And Nodal Officer, FCA, Rajasthan.

¶61

Deputy Conservator Of Forest, Udaipur. 5. Union Of India Through Secretary, Ministry Of Enviroment And Forest, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

¶62

----Respondents

¶63

D.B. Spl. Appl. Writ No. 991/2019

¶64

M/s. Jyoti Minerals Pvt. Ltd., A Company Incorporated Under The Companies Act, 1956 And The Lease Holder Of Mining Lease No. 12/1998, 13/1998, 06/1999 And 15/2000, through its Director

¶65

(4 of 8)

¶66

[SAW-995/2019]

¶67

Mr. Saurabh Khetan Son Of Mr. Shanti Prakash Khetan Age 34 Years, Resident Of 8-D New Fatehpura, Udaipur.

¶68

----Appellant

¶69

Versus

¶70

State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶71

Assistant Mining Engineer, Rishabhdev, Udaipur. 3. Chief Forest Conservator, Protection And Nodal Officer, FCA, Rajasthan.

¶72

Deputy Conservator Of Forest, Udaipur.

¶73

Union Of India Through Secretary, Ministry Of Enviroment And Forest, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

¶74

----Respondents

¶75

D.B. Spl. Appl. Writ No. 993/2019

¶76

M/s. Delwara Marble And Granite Pvt. Ltd., A Firm And Lease Holder Of Mining Lease No. 25/2010, Through Its Proprietor Rajesh Kataria Son Of Heera Lal Kataria, B-5 Industrial Area, Sukher, Udaipur, Rajasthan.

¶77

----Appellant

¶78

Versus

¶79

State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶80

Assistant Mining Engineer, Rishabhdev, Udaipur. 3. Chief Forest Conservator, Protection And Nodal Officer, FCA, Rajasthan.

¶81

Deputy Conservator Of Forest, Udaipur.

¶82

Union Of India, Through Secretary, Ministry Of Environment And Forest, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

¶83

----Respondents

¶84

D.B. Spl. Appl. Writ No. 994/2019

¶85

M/s. Hari Om Marmo Grani Pvt. Ltd., A Partnership Firm And The Lease Holder Of Mining Lease No. 20/2010 Through Its Partner D.k. Kheda Son Of Late Prabhulal Patel, Aged About 52 Years, Resident Of 270 Pratap Nagar, Rajpur Scheme, New Hospital Road, Dungarpur.

----Appellant

(5 of 8)

[SAW-995/2019]

Versus

State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶91

Assistant Mining Engineer, Rishabhdev, Udaipur. 3. Chief Forest Conservator, Protection And Nodal Officer, FCA, Rajasthan.

¶92

Deputy Conservator Of Forest, Udaipur. 5. Union Of India Through Secretary, Ministry Of Environment And Forest, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

¶93

----Respondents

¶94

D.B. Spl. Appl. Writ No. 1019/2019

¶95

M/s Arora J.K. Natural Marbles Pvt. Ltd., A Firm And The Lease Holder Of Mining Lease No. 13/2010 G-1 Through Its Proprietor Vikram Singh Arora Son Of Jagmohan Arora Aged About 37 Years, Resident Of Idea Apartments Opposite Allahabad Bank New Fatehpura, District Udaipur, Rajasthan.

¶96

----Appellant

¶97

Versus

¶98

State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶99

Assistant Mining Engineer, Rishabhdev, Udaipur. 3. Chief Forest Conservator, Protection And Nodal Officer, FCA, Rajasthan.

¶100

Deputy Conservator Of Forest, Udaipur.

¶101

Union Of India Secretary, Ministry Of Environment And Forest, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

¶102

----Respondents

¶103

D.B. Spl. Appl. Writ No. 1053/2019

¶104

Anil Kumar Singh Ranawat S/o Late Ram Bhanwar Singh, Aged About 57 Years, Lease Holder Of Mining Lease No. 47/2010, Resident Of Ranawat Poultry Farm, Sector 3, Hiran Magari, Udaipur.

¶105

----Appellant

¶106

Versus

¶107

State Of Rajasthan, Through The Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶108

(6 of 8)

¶109

[SAW-995/2019]

¶110

Assistant Mining Engineer, Rishabhdev, Udaipur.

¶111

Chief Forest Conservator, Protection And Nodal Officer, FCA, Rajasthan.

¶112

Deputy Conservator Of Forest, Udaipur. 5. Union Of India, Through The Secretary, Ministry Of Environment And Forest, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

¶113

----Respondents

¶114

D.B. Spl. Appl. Writ No. 1253/2019

¶115

M/s. Rishabh Green Marbles Pvt Ltd, A Partnership Firm And The Lease Holder Of Mining Lease No. 07/2011, Through Its Partner Hitendra Patel Son Of Narayan Lal, Aged About 41 Years, Resident Of Sp-2, Udhyog Vihar, Nh-8, Sukher, Udaipur.

¶116

----Appellant

¶117

Versus

¶118

State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶119

Assistant Mining Engineer, Rishabhdev, Udaipur. 3. Chief Forest Conservator, Protection And Nodal Officer, FCA, Rajasthan.

¶120

Deputy Conservator Of Forest, Udaipur. 5. Union Of India, Through Secretary, Ministry Of Environment And Forest, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

¶121

----Respondents

¶122

D.B. Spl. Appl. Writ No. 1279/2019

¶123

M/s. Jeevan Jyoti Pvt. Ltd., A Parnership Firm And The Lease Holder Of Mining Lease No. 37/2009 And 38/2009, Through Its Partner Saurabh Patel Son Of Narayanlal Patel Aged About 36 Years, Resident Of Sp-2, Udhyog Vihar, Nh-8, Sukher, Udaipur.

¶124

----Appellant

¶125

Versus

¶126

State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶127

Assistant Mining Engineer, Rishabhdev, Udaipur.

¶128

Chief Forest Coservator, Protection And Nodal Officer, FCA, Rajasthan.

¶129

(7 of 8)

¶130

[SAW-995/2019]

¶131

Deputy Conservator Of Forest, Udaipur.

¶132

Union Of India, Through Secretary, Ministry Of Environment And Forest, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

¶133

----Respondents

¶134

D.B. Spl. Appl. Writ No. 1312/2019

¶135

M/s. Karni Marmo Marble, A Partnership Firm And The Lease Holder Of Mining Lease No. 24/2010 Through Its Partner Prem Prakash Labana Son Of Keval Chand Labana Aged About 48 Years, Resident Of 659, Uit Colony, Sector 13, Hiranmagri, Udaipur.

¶136

----Appellant Versus

¶137

State Of Rajasthan, Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur.

¶138

Assistant Mining Engineer, Rishabhdev, Udaipur. 3. Chief Forest Conservator, Protection And Nodal Officer, FCA, Rajasthan.

¶139

Deputy Conservator Of Forest, Udaipur. 5. Union Of India, Through Secretary, Ministry Of Environment And Forest, Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.

¶140

----Respondents

¶141

For Appellant(s)	:	Mr. Manish Shishodia
For Respondent(s)	:	Mr. SandeepShah,AAG

¶142

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA

¶143

Order

¶144

28/10/2021

¶145

Interlocutory Applications:

¶146

The applications seeking exemption from filing the certified copy of the impugned judgment of the learned Single Judge are allowed.

¶147

(8 of 8)

¶148

[SAW-995/2019]

¶149

Special Appeals (Writ):

¶150

Learned counsel for the appellants sought permission to withdraw the appeals and approach the Civil Court for appropriate remedies. In case, the appellants file the civil suit, the Civil Court shall decide the same in accordance with law.

¶151

The appeals are disposed of accordingly.

¶152

(SANDEEP MEHTA),J

¶153

(AKIL KURESHI),CJ

¶154

5to18-MohitTak/-

M/S. Delwara Marble and Granite Pvt. Ltd., v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

M/S. Delwara Marble and Granite Pvt. Ltd., v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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