Appeal against refusal of interim stay on penalty recovery for illegal mining. Court imposes fresh condition requiring 50% deposit by 31.03.2022 to stay further recovery.
Conditional stay on remaining penalty recovery granted subject to 50% deposit by 31.03.2022.
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[SAW-201/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 201/2021
Shokat Ali S/o Kareem Bux, Aged About 65 Years, By Caste Gehlot, R/o Badi Khatu, Tehsil Jayal, Dist. Nagaur (Raj.)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. D.L.R. Vyas through VC For Respondent(s) : Mr Sandeep Shah, AAG through VC
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
05/01/2022
This appeal is directed against the order dated 04.01.2021 passed in S.B. Civil Writ Petition No. 12697/2020, by which learned Single Judge, though, admitted the writ petition, refused the prayer for interim relief.
On 09.03.2021, the Division Bench of this Court while issuing notice in this appeal, had provided as under :-
“ In the meantime, if the petitioner deposits 50% of
the penalty amount within a period of two weeks, the
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[SAW-201/2021]
recovery of the remaining amount of penalty shall remain stayed till further orders. ”
Learned Additional Advocate General Shri Sandeep Shah for the State authorities stated that so far, no amount has been deposited by the appellant-original petitioner.
We have heard learned counsel for the parties.
We find that the State authorities have imposed a penalty of Rs. 24,04,916/- against the petitioner for alleged illegal mining. The order is under challenge in the writ petition. The learned Single Judge having refused the stay against such recovery, this appeal has been filed. As noted, while issuing notice, the Division Bench had granted conditional stay. The condition of depositing 50% amount of penalty has not been fulfilled. Even otherwise, we do not think that the petitioner can enjoy unconditional stay against recovery.
Under the circumstance, the appeal is disposed of with a direction that if the appellant even now deposits 50% penalty amount, the remaining amount of penalty shall stand stayed till disposal of the petition. For such purpose, time is granted upto 31.03.2022. If such condition is not fulfilled, the stay shall stand automatically vacated.
The appeal is disposed of accordingly.
(RAMESHWAR VYAS),J
(AKIL KURESHI),CJ
17-Mak/-
Shokat Ali
State Of Rajasthan
Akil Kureshi
Rameshwar Vyas
As recorded by the court registry
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