High Court allowed withdrawal of writ petitions filed by legal heirs of Ishwar Sharma with a direction to decide a representation within 12 weeks and continue an interim order maintaining status quo regarding a mining area.
Permit withdrawal of writ petitions; order decision of representation within 12 weeks; continue interim status quo order.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1485/2008
Ishwar Sharma Son of Shri Nath Mal Sharma, resident of House No. 3875, KGB Ka Rasta, 3rd Crossing Johari Bazar, Jaipur (Since Deceased) through legal heris:-
1/1.Smt. Raj Kumari Sharma Widow of Late Shri Ishwar Sharma, aged about 65 years, Resident of 3875, KGB Ka Rasta 3rd Crossing, Johari Bazar, Jaipur.
1/2.Anuj Sharma Son of Late Shri Ishwar Sharma, aged about 37 years, Resident of 3875, KGB Ka Rasta 3rd Crossing, Johari Bazar, Jaipur.
1/3.Smt. Pratibha Sharma wife of Shri Arvind Sharma, aged about 40 years, D/o Late Shri Ishwar Sharma, 302, Mero Gold Baverly Park, Kanakia Meera Road, East Thane-401107.
----Petitioner
Versus
1.State of Rajasthan through Secretary Department of Mines and Geology, Government of Rajasthan Government Secretariat, Jaipur.
2.Deputy Secretary Department of Mines, Government of Rajasthan, Jaipur.
3.The Mining Engineer, Department of Mines, Bhilwara, Rajasthan.
4.Shri Laxmi Narayan Dave, Mines Minister, Government of Rajasthan, Civil Lines, Jaipur.
----Respondent
Connected With
S.B. Civil Writ Petition No. 1486/2008
1.Ishwar Sharma Son of Shri Nath Mal Sharma, resident of House No. 3875, KGB Ka Rasta, 3rd Crossing Johari Bazar, Jaipur (Since Deceased) through legal heris:-
1/1.Smt. Raj Kumari Sharma Widow of Late Shri Ishwar Sharma, aged about 65 years, Resident of 3875, KGB Ka Rasta 3rd Crossing, Johari Bazar, Jaipur.
1/2.Anuj Sharma Son of Late Shri Ishwar Sharma, aged about 37 years, Resident of 3875, KGB Ka Rasta 3rd Crossing, Johari Bazar, Jaipur.
1/3.Smt. Pratibha Sharma wife of Shri Arvind Sharma, aged about 40 years, D/o Late Shri Ishwar Sharma, 302, Mero Gold Baverly Park, Kanakia Meera Road, East Thane-401107.
----Applicant-Petitioners
(2 of 3)
[CW-1485/2008]
Versus
1.State of Rajasthan through Secretary, Department of Mines and Geology, Government of Rajasthan, Government Secretariat, Jaipur.
2.Unior of India through Secretary, Department of Mines, Shastri Bhawan, New Delhi.
3.Mining Engineer, Department of Mines, Bhilwara, Rajasthan.
----Respondent
S.B. Civil Writ Petition No. 5800/2011
Ishwar Sharma Son of Shri Nath Mal Sharma, resident of House No. 3875, KGB Ka Rasta, 3rd Crossing Johari Bazar, Jaipur ( Since Deceased) through legal heris:-
1/1.Smt. Raj Kumari Sharma Widow of Late Shri Ishwar Sharma, aged about 65 years, Resident of 3875, KGB Ka Rasta 3rd Crossing, Johari Bazar, Jaipur.
1/2.Anuj Sharma Son of Late Shri Ishwar Sharma, aged about 37 years, Resident of 3875, KGB Ka Rasta 3rd Crossing, Johari Bazar, Jaipur.
1/3.Smt. Pratibha Sharma wife of Shri Arvind Sharma, aged about 40 years, D/o Late Shri Ishwar Sharma, 302, Mero Gold Baverly Park, Kanakia Meera Road, East Thane-401107.
----Applicant-Petitioners
Versus
1.State of Rajasthan through Secretary, Department of Mines and Geology, Government of Rajasthan, Government Secretariat, Jaipur.
2.Deputy Secretary, Department of Mines, Govt. Secretariat, Jaipur.
3.The Director, Mines and Geology, Udiapur.
----Respondents
For Petitioner(s) : Mr. A.K. Bhandari, Sr. Adv. With Mr. Vaibhav Bhargava For Respondent(s) : Mr. R.P. Singh, AAG with Mr. Jaivardhan Singh Shekhawat
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order
15/12/2022
(3 of 3)
[CW-1485/2008]
The matter comes up on an application no.1/2022 in S.B. Civil Writ Petition No.1485/2008 filed by the petitioner praying therein that he may be permitted to withdraw the writ petitions with a direction to the respondents to decide the representation dated 12.10.2022 within a period of four weeks and to continue the interim order of this Court dated 20.02.2008 till disposal of the representation.
Learned Additional Advocate General though did not oppose the prayer; he, however, prays that instead of four weeks’ time, 12 weeks’ time may be granted for deciding the representation.
In view thereof, the application is allowed. The writ petitions are dismissed as withdrawn. The respondents are directed to decide the representation dated 12.10.2022 filed by the petitioner within a period of 12 weeks from the date of communication of this order. The interim order dated 20.02.2008 passed by this Court directing the parties to maintain status quo with regard to the mining area in question, shall continue till disposal of the representation.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/25-27
1 issue framed by the court
Whether to allow withdrawal of writ petitions with directions to decide a representation within a specified time limit.
Raj Kumari Sharma
Anuj Sharma
Pratibha Sharma
State of Rajasthan
Union of India
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
