The High Court quashed the requirement to deposit mining royalty and environmental loss sums imposed on the petitioner without an inquiry, ordering the release of the vehicle after compliance with remaining conditions.
Condition No.1 directing deposit of Rs.1,01,800/- struck down; vehicle to be released upon compliance with conditions No.2 to 5.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:43794]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 591/2023
Kishan Pareek S/o Sh. Radheshyam Pareek, Aged About 50 Years, Shiv Sagar Krishi Farm Jaipur Road Khariya Mithapur, Teh. Bilara, Dist. Jodhpur, Raj.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Zafar Khan |
|---|---|
| For Respondent(s) | : Mr. Arun Kumar,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
14/12/2023
[2023:RJ-JD:43794]
[CRLMP-591/2023]
(2 of 2)
the order impugned dated 29.09.2022. The conditions No.2, 3, 4 and 5 shall remain as it is. The vehicle be released in favour of the petitioner after complying the conditions No.2 to 5. It is made clear that for condition No.1, the Magistrate may initiate the inquiry for the purpose of assessment of loss of environment and mining royalty and there would be no bar in this regard.
(FARJAND ALI),J
166-Ashutosh/-
1 issue framed by the court
Whether the condition directing a deposit of mining royalty and environmental loss assessment without an inquiry was just and proper.
Kishan Pareek
State Of Rajasthan
Tara Chand
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
