Dismissed

Khem Singh v. State of Rajasthan

Rajasthan HC5 Mar 2022CW/4239/2019

Case brief

AI extract

What is this about?

The High Court disposed of a PIL concerning illegal mining in the Luni River area. Observing that the Supreme Court had issued directions on 11.11.2021 governing mining in Rajasthan, the Court declined adjudication on merits and granted the petitioner liberty to approach the Court again regarding the State's proposed lease grants.

What did the court decide?

Petition disposed of with liberty to file a fresh petition regarding the State's proposed lease grants in contravention of Supreme Court directions dated 11.11.2021.

Khem Singh Vs State of Rajasthan — Mining and Natural Resources | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Civil Writ Petition No. 4239/2019

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Khem Singh S/o Ganpat Singh, Aged About 58 Years, By Caste Rajput, R/o Village Shikarpura, Tehsil Luni, District Jodhpur (Rajasthan).

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Mining, Government Of Rajasthan, Jaipur.

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Mining Engineer, Mining Department, Jodhpur.

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District Collector, Jodhpur.

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Sub Division Officer, Luni District Jodhpur.

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Tehsildar, Luni District Jodhpur.

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Station House Officer, Police Station Luni District Jodhpur.

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----Respondents

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For Petitioner(s) For Respondent(s)	: Mr. Moti Singh : Mr. Sandeep Shah, AAG assisted by Ms. Akshiti Singhvi

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HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE FARJAND ALI

Order

05/03/2022

Heard.

This petition (PIL) has been filed seeking following relief:-

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“It is therefore, humbly prayed on behalf of petitioner that this writ petition for Public Interest Litigation may kindly be allowed and

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That by an appropriate writ, order and direction be issued and the District Collector as well as Mining Engineer may kindly be directed to take appropriate steps against the illegal mining carried out from the Luni River area of Jodhpur District.

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That by an appropriate writ, order and direction be issued against the respondent and the estimated revenue loss, whatsoever committed by the illegal mining, the amount of such revenue loss may kindly be

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[CW-4239/2019]

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(2 of 3)

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recover from the salary of local responsible officers i.e. respondent No.3 to 6.

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That by an appropriate writ, order and direction be issued and a strict action may kindly be taken against the Bajri Mafia, who carrying out the illegal mining in the Luni River of the area of Jodhpur District.

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That any other relief, which this Hon’ble Court deems fit, by which the petitioner may get full justice may also be allowed.”

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In this petition, this Court directed the respondents to file replies and reports with regard to the allegations of illegal mining, action of the State in proceeding to grant mining leases for excavation of sand and bajri from the riverbed of River Luni.

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During the pendency of this petition, in respect of issue pertaining to illegal mining in the State of Rajasthan particularly including the riverbed of River Luni, an exhaustive direction came to be issued by Hon’ble the Supreme Court on 11.11.2021.

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Learned Additional Advocate General would submit that after the order passed by Hon’ble the Supreme Court, mining is permissible only to limited extent as per the directions of Hon’ble the Supreme Court. He would submit that after the order of the Hon’ble the Supreme Court, all mining leases have been cancelled in khatedari land except in District Bikaner and as far as grant of fresh lease is concerned, that can now be granted only after fulfillment of conditions and subject to directions which have been issued by the Hon’ble the Supreme Court.

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Learned Counsel for the petitioner would submit that now a fresh application has been filed by the petitioner to bring to the notice of this Court that the State is going to grant mining leases for excavation of sand and bajri which is not in accordance with the observations made by the Hon’ble the Supreme Court vide its order dated 11.11.2021.

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[CW-4239/2019]

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(3 of 3)

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We have gone through the application which has been now separately filed in the pending petition by the petitioner. This virtually is a new petition incorporating new facts, grounds to challenge the action of the State Authorities.

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Considering now that the issue for consideration would be whether and to what extent it is permissible for the State to permit mining lease in the light of directions issued by Hon’ble the Supreme Court on 11.11.2021, without commenting upon the merits of the case, at this stage, we are inclined to dispose of this petition.

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The petitioner would be at liberty to file a fresh petition to ventilate grievance sought to be raised in the application filed on 31.01.2022 including the ground that the State is likely to grant mining lease without taking into consideration and in contravention of directions which have been issued by Hon’ble the Supreme Court on 11.11.2021.

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In view of the above consideration, this petition is disposed of with a liberty to the petitioner as observed hereinabove.

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(FARJAND ALI),J

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(MANINDRA MOHAN SHRIVASTAVA),J

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34-Hanuman/-

Khem Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Khem Singh v. State of Rajasthan

Case brief

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