Allowed

Shiva Explosives India Pvt. Ltd. v. State of Rajasthan

Rajasthan HC11 Nov 2022SAW/224/2022

Case brief

AI extract

What is this about?

The High Court allowed an intra-court appeal against a Single Bench order dismissing a writ petition. The court directed the District Collector, Rajsamand, to decide the petitioner's application for an NOC for an explosive manufacturing industry within two months of submitting a copy of this order.

What did the court decide?

Directed the District Collector, Rajsamand to decide the pending application for grant of NOC within two months from the date of submission of this order.

Shiva Explosives India Pvt. Ltd. Vs State of Rajasthan — Specific Performance | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

¶2

JODHPUR

¶3

D.B. Spl. Appl. Writ No. 224/2022

¶4

Shiva Explosives India Pvt. Ltd., 8 Bhattji Ki Badi, Udaipur Through Its Director Suresh Upadhyay S/o Shri Navinchand Upadhyay, Aged 65 Years, R/o 8 Bhattji Ki Badi, Udaipur, Rajasthan.

¶5

----Appellant

¶6

Versus

¶7

State Of Rajasthan, Through District Magistrate, Rajsamand, Rajasthan.

¶8

The Divisional Commissioner, Udaipur, Rajasthan.

¶9

----Respondents

¶10

For Appellant(s) : Mr. Keshav Bhati For Respondent(s) : --

¶11

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

¶12

Order

¶13

11/11/2022

¶14

The writ petitioner – appellant has preferred this intra-court appeal being aggrieved of the judgment/final order dated 08.03.2022 passed by learned Single Bench dismissing the writ petition filed by the petitioner being aggrieved of the inaction on the part of the District Collector, Rajsamand in deciding the application preferred by the petitioner for issuance of NOC so as to establish an Explosive Manufacturing Industry at Village Udalpura, Gram Panchayat Kotdi, Tehsil Railmagra, District Rajsamand.

¶15

Despite service of notice of appeal, no one has put in appearance on behalf of the respondents.

¶16

We have heard and considered the submissions advanced by learned counsel representing the appellant and have gone through the impugned order and the material placed on record.

¶17

(2 of 2)

¶18

[SAW-224/2022]

¶19

The learned Single Bench dismissed the writ petition preferred by the petitioner observing that the Divisional Commissioner had already given a direction to the District Collector for early disposal of the petitioner’s application and hence, no further relief was required to be extended in terms of the prayers made in the writ petition. The writ petitioner-appellant has raised a grievance that the Divisional Commissioner had directed the District Collector, Rajsamand way back on 25.06.2021 to decide the pending application of the petitioner. However, nearly a year and half has passed since the said direction and thereafter the petitioner appellant also presented copy of the order passed by the learned Single Bench to the District Collector, but the application still has not been decided.

¶20

In view of the peculiar facts noted above, it is hereby directed that copy of this order shall be presented to the District Collector, Rajsamand who shall, in turn, objectively consider and deciding the pending application of the petitioner for grant of NOC within a period of two months from the date of submission of copy of this order.

¶21

With the above observations and directions, the appeal is disposed of.

¶22

(KULDEEP MATHUR),J

¶23

(SANDEEP MEHTA),J

¶24

44-Sudhir Asopa/-

Shiva Explosives India Pvt. Ltd. v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shiva Explosives India Pvt. Ltd. v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S. Miraj Products Private Ltd. Vs Union of India

Smt. Bijuri Vs Smt. Lali

Pankaj Jain Vs Income Tax Officer, WARD-1

Kishan Singh Duggal Vs Board of Revenue, Ajmer and Ors.

A.C.T.O.,W-Iii,Cir-D,Jodhpur Vs M/S Chimni Ram Uma Ram

Amar Singh Vs Smt. Namrata Vrishni