Dismissed

M/S a and J Sisodia Mineral LLP v. Shri D.B. Gupta

Rajasthan HC7 Jan 2021WCP/441/2020

Case brief

AI extract

What is this about?

A B.D. Writ Contempt Petition filed by a mineral LLP against the State of Rajasthan alleging disobedience of a prior order quashing restrictions on mineral transport. The Court held that the quashed restrictions no longer survive and any delay in issuing transit passes constitutes a fresh cause of action. The contempt petition was dismissed.

What the court decided

AI extract

M/S a and J Sisodia Mineral LLP Vs… — Constitutional and Fundamental Rights | Rajasthan HC (2021)

¶1

HIGH COURT of JUDICATURE FOR RAJASTHAN

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AT JODHPUR

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D.B. Writ Contempt No. 441/2020

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M/s A & J Sisodia Mineral LLP, having its Registered Office at 17, Mangalam Nilak Nagar, Hiran Mangri, Sector No.03, Udaipur, Distt. Udaipur through its Partner Shri Baraiya Jayantilal Amarshibhai S/o Amarshibhai Trikubhai Baraiya , aged 41 Years , R/o 602, Om Apartment, Bonny Park, Ravapar , Morbi Gujarta

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----Petitioner

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Versus

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Shri D.B. Gupta, The Chief Secretary , Government of Rajasthan, Secretariat Jaipur, Rajasthan

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Shri Kunji Lal Meena, The Principal Secretary, Department of Mines, Secretariat , Jaipur , Rajasthan

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State of Rajasthan, Through The Secretary, Department of Mines, Government of Rajasthan, Secretariat, Jaipur , Rajasthan

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Shri Gorav Goyal, The Director, Directorate of Mines and Geology, Udaipur

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Shri Muktananad Agarwal, The Commissioner of Industries, Office of The Commissioner of Industries , Department of Industries , Udhyog Bhawan , Tilak Mark , Jaipur (302005) Rajasthan

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----Respondents

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For Petitioner(s)

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: Mr. Vikas Balia. 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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07/01/2021

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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-441/2020]

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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.

¶23

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 (SANGEET LODHA),J

¶26

5-DJ/-

M/S a and J Sisodia Mineral LLP v. Shri D.B. Gupta

Case brief

What is this about?

What the court decided

M/S a and J Sisodia Mineral LLP v. Shri D.B. Gupta

Case brief

What is this about?

What the court decided

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