Dismissed

Fusion Minerals Pvt. Ltd. v. Devendra Bhushan Gupta

Rajasthan HC5 Jan 2021WCP/397/2020

Case brief

AI extract

What is this about?

In a writ petition filed for contempt alleging disobedience of previous orders regarding mineral transit restrictions, the High Court held that since the restriction orders were quashed, the case of contempt was not made out, but the petitioner could file a fresh remedy for the non-issuance of transit passes.

What did the court decide?

Contempt petition dismissed; Court noted fresh remedy available for non-issuance of transit passes.

Fusion Minerals Pvt. Ltd. Vs Devendra Bhushan Gupta — Contempt of Court | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Writ Contempt No. 397/2020

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Fusion Minerals Pvt Ltd, Through Its Director, Milan Gami S/o. Shri Ramesh Gami Having Registered Office, Survey No. 83/1, Aniyari Village, Maliya, Halwad Highway, Morbi, District Morbi (Gujrat) A Company Duly Registered Under The Provisions Of Companies Act Having Its Certificate Of Incorporation No. U26933Gj2015Ptc082380

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----Petitioner

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Versus

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Devendra Bhushan Gupta, Chief Secretary, Government Of Rajasthan, At Secretariat Jaipur - 302005, Rajasthan

¶7

Kunji Lal Meena, Principal Secretary, Department Of Mines, At Secretariat Jaipur - 302005, Rajasthan

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The Joint Secretary, Department Of Mines, Government Of Rajasthan, At Secretariat Jaipur - 302005, Rajasthan.

¶9

Gaurav Goyal, Director, Directorate Of Mines And Geology, Udaipur, At Department Of Mines And Geology, Khanij Bhawan, Shastri Circle, Udaipur (Raj.) 313001

¶10

Muktanand Agarwal, Commissioner Of Industries At Office Of The Commissioner Of Industries, Department Of Industries, Udhyog Bhawan, Tilak Marg, Jaipur - 302005, Rajasthan.

¶11

----Respondents

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For Petitioner(s) : Mr. Aditya Singh Rathore through video conferencing

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HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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05/01/2021

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This contempt petition has been filed by the petitioner alleging disobedience of the order 16.4.2020 passed by this Court, whereby the notifications dated 5.10.18 & 10.3.19 issued by the

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(2 of 2)

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[WCP-397/2020]

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Department of Mines, Government of Rajasthan, putting restriction on transportation of the mineral outside the State were quashed.

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Learned counsel appearing for the petitioner submits that despite notification being quashed, the State Government has not issued the transit pass for transportation of mineral feldspar from the State of Rajasthan to other States. Learned counsel submits that omission on the part of the respondents in implementing the judgment passed by this Court also amount to the contempt of the Court.

¶21

In the considered opinion of this Court, as a result of notifications being quashed, the restriction imposed for transportation of mineral feldspar from the State of Rajasthan to other States does not survive. If the transit passes are not issued despite being applied for, it gives rise to fresh cause of action and it is always open for the petitioner to take appropriate remedy available under the law in this regard.

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No case for initiating the contempt proceedings is made out. The contempt petition is therefore, dismissed.

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(RAMESHWAR VYAS),J

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(SANGEET LODHA),J

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38-Vij/-

Fusion Minerals Pvt. Ltd. v. Devendra Bhushan Gupta

Case brief

What is this about?

What did the court decide?

Fusion Minerals Pvt. Ltd. v. Devendra Bhushan Gupta

Case brief

What is this about?

What did the court decide?

What the court decided

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