Disposed

M/S Jai Maa Stone v. State of Rajasthan

Rajasthan HC3 Feb 2023CW/15040/2022

Case brief

AI extract

What is this about?

This order disposes of multiple connected writ petitions related to mining matters. The petitioners withdrew the petitions and were granted liberty to file appeals before the Appellate Authority along with applications for condonation of delay and for area inspection.

What did the court decide?

Liberty granted to file appeals before Appellate Authority with applications for condonation of delay and for fresh area inspection.

M/S Jai Maa Stone Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2023)

¶1

[2023/RJJD/003853]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Writ Petition No. 15016/2022

¶4

Megharam S/o Ruparam, Aged About 48 Years, R/o Ward No. 10, Jato Mouhalla, Dharti, Churu, Rajasthan 331505.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology, Jaipur.

¶8

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶9

Assistant Mining Officer, Department Of Mines And Geology, Churu, Rajasthan.

¶10

----Respondents

¶11

Connected With

¶12

S.B. Civil Writ Petition No. 14732/2022

¶13

M/s Ambay Mines And Minerals, Through Its Partner Jhumar Mal Khileri Son Amra Ram Khileri, Aged About 60 Years, Resident Of Ward No. 8, Dugaras Aguna, Churu, Rajasthan - 331505 (Through Its PoA Holder Bhinwa Ram Khilery).

¶14

----Petitioner

¶15

Versus

¶16

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology.

¶17

The Superintendent, Mining Officer, Department Of Mines And Geology Sadulganj, Bikaner.

¶18

Assistant Mining Officer, Department Of Mines And Geology, Churu Rajasthan.

¶19

----Respondents

¶20

S.B. Civil Writ Petition No. 14801/2022

¶21

Mangi Lal S/o Shri Ghisa Ram Jat, Aged About 67 Years, R/o. Ward No. 2, Beer Chhapar, Churu, Rajasthan 331502

¶22

----Petitioner

¶23

Versus

¶24

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology.

¶25

The Superintendent, Mining Officer, Department Of Mines

(2 of 8)

[2023/RJJD/003853]

[CW-15016/2022]

And Geology, Sadulganj, Bikaner.

¶30

Assistant Mining Officer, Department Of Mines And Geology, Churu, Rajasthan.

¶31

----Respondents

¶32

S.B. Civil Writ Petition No. 14806/2022

¶33

Rajendra Panwar S/o Aidan Panwar, Aged About 44 Years, R/o Ward No. 14, Hanuman Dhora, Near Water Tank, Sujangarh, Distt Churu, Rajasthan 331507

¶34

----Petitioner

¶35

Versus

¶36

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology.

¶37

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶38

Assistant Mining Officer, Department Of Mines And Geology, Churu, Rajasthan.

¶39

----Respondents

¶40

S.B. Civil Writ Petition No. 14898/2022

¶41

Raju Devi W/o Shri Nopa Ram, Aged About 38 Years, Resident Of Balera, Churu, Rajasthan 331503.

¶42

----Petitioner

¶43

Versus

¶44

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology.

¶45

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶46

Assistant Mining Officer, Department Of Mines And Geology, Churu, Rajasthan.

¶47

----Respondents

¶48

S.B. Civil Writ Petition No. 14956/2022

¶49

Arjun Ram S/o Shri Mohan Ram Ji, Aged About 40 Years, By Caste Jat, Resident Of Ward No. 7, Dhani Ramdevra, Kaiero Ki Dhani, Bidasar, Tehsil Sujangarh, Churu.

¶50

----Petitioner

¶51

Versus

¶52

State Of Rajasthan, Through Its Secretary, Department Of

(3 of 8)

[2023/RJJD/003853]

[CW-15016/2022]

Mines And Geology.

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶58

Assistant Mining Officer, Department Of Mines And Geology, Churu Rajasthan.

¶59

----Respondents

¶60

S.B. Civil Writ Petition No. 14973/2022

¶61

Radhey Shtyam S/o Sh. Nathuram Jaat, Aged About 42 Years, R/o Bhanwar Singh Ki Khotri, Bhootiyawaas, Pahari, Tehsil Sujangarh, District Churu, Rajasthan.

¶62

----Petitioner

¶63

Versus

¶64

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology.

¶65

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶66

Assistant Mining Officer, Department Of Mines And Geology, Churu Rajasthan.

¶67

----Respondents

¶68

S.B. Civil Writ Petition No. 14975/2022

¶69

Ashwani Kumar Saien S/o Vijay Kumar Saien, Aged About 28 Years, Resident Of H. No. 1-B-2, Jawaharnagar, Ganganagar, Sriganganagar, Rajasthan 3350015 Through Power Of Attorney Holder Shri Indu Sen Sahu S/o Shri Amilal Sahu, Aged 42 Years.

¶70

----Petitioner

¶71

Versus

¶72

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology.

¶73

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶74

Assistant Mining Officer, Department Of Mines And Geology, Churu Rajasthan.

¶75

----Respondents

¶76

S.B. Civil Writ Petition No. 14993/2022

¶77

Maa Bhawani, Through Its Partner Girdhari S/o Mohan Ram, Aged About 30 Years, R/o Ward No. 03, Godwalo Ki Dhani, Bidas, Churu, Rajasthan 331501

(4 of 8)

[2023/RJJD/003853]

[CW-15016/2022]

----Petitioner

Versus

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology, Jaipur.

¶84

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶85

Assistant Mining Officer, Department Of Mines And Geology, Churu, Rajasthan.

¶86

----Respondents

¶87

S.B. Civil Writ Petition No. 14996/2022

¶88

Ramavtar Khatik S/o Satyanarayan Khatik, Aged About 44 Years, R/o. Randhisar, Churu, Rajasthan 331505

¶89

----Petitioner

¶90

Versus

¶91

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology, Jaipur.

¶92

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶93

Assistant Mining Officer, Department Of Mines And Geology, Churu, Rajasthan.

¶94

----Respondents

¶95

S.B. Civil Writ Petition No. 15006/2022

¶96

Khiya Ram S/o Surja, Aged About 67 Years, Resident Of Ward No. 07, Dhani Potaliyan, Kalero Ki Dhani, Bidasar, Churu, Sujangarh, Rajasthan 331501

¶97

----Petitioner

¶98

Versus

¶99

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology, Jaipur.

¶100

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶101

Assistant Mining Officer, Department Of Mines And Geology, Churu, Rajasthan.

¶102

----Respondents

¶103

S.B. Civil Writ Petition No. 15015/2022

¶104

Mamta Devi W/o Narender Kumar, Aged About 34 Years,

(5 of 8)

[2023/RJJD/003853]

[CW-15016/2022]

Resident Of Ward No. 10, 3 H D P, 4 Hardayalpura, Hanumangarh, Rajasthan - 335802 Through Her Power Of Attorney Holder Narendra Kumar.

¶109

----Petitioner

¶110

Versus

¶111

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology, Jaipur.

¶112

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶113

Assistant Mining Officer, Department Of Mines And Geology, Churu, Rajasthan.

¶114

----Respondents

¶115

S.B. Civil Writ Petition No. 15019/2022

¶116

Shanti Devi Khatik W/o Dolaram Khatik, Aged About 77 Years, R/o Ward No. 11, Randhisar Phadi, Parihara, Churu, Rajasthan - 331505.

¶117

----Petitioner

¶118

Versus

¶119

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology, Jaipur.

¶120

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶121

Assistant Mining Officer, Department Of Mines And Geology, Churu, Rajasthan.

¶122

----Respondents

¶123

S.B. Civil Writ Petition No. 15023/2022

¶124

M/s Ambika Stone Ballast, Through Its Proprietor Vikash Panwar Son Of Daulat Ram Panwar, Aged About 34 Years, Resident Of Ward No. 14, Hanuman Dhora, Sujangarh, Churu, Rajasthan, 331507.

¶125

----Petitioner

¶126

Versus

¶127

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology, Jaipur.

¶128

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶129

Assistant Mining Officer, Department Of Mines And

(6 of 8)

[2023/RJJD/003853]

[CW-15016/2022]

Geology, Churu, Rajasthan.

¶134

----Respondents

¶135

S.B. Civil Writ Petition No. 15040/2022

¶136

M/s Jai Maa Stone, Through Its Partner Nitin Kumar S/o Narotam Kumar, Aged About 40 Years R/o 179, Green Park, Near Rangoli Marriage Palace, Fatehabad, Haryana 125050.

¶137

----Petitioner

¶138

Versus

¶139

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology.

¶140

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶141

Assistant Mining Officer, Department Of Mines And Geology, Churu, Rajasthan.

¶142

----Respondents

¶143

S.B. Civil Writ Petition No. 15993/2022

¶144

Pratap Singh S/o Shankar Singh, Aged About 76 Years, R/o Rand Hisar, Churu, Parihara, Rajasthan 331505.

¶145

----Petitioner

¶146

Versus

¶147

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology.

¶148

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶149

Assistant Mining Officer, Department Of Mines And Geology, Churu Rajasthan.

¶150

----Respondents

¶151

S.B. Civil Writ Petition No. 16226/2022

¶152

Ram Niwas Jat S/o Ganpat Ram Jaat, Aged About 52 Years, R/o Gopalpura, Tehsil Sujangarh, Dist. Churu Rajasthan 331505

¶153

----Petitioner

¶154

Versus

¶155

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology, Jaipur.

¶156

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner .

(7 of 8)

[2023/RJJD/003853]

[CW-15016/2022]

Assistant Mining Officer, Department Of Mines And Geology, Churu Rajasthan.

¶161

----Respondents

¶162

S.B. Civil Writ Petition No. 16727/2022

¶163

Parki Devi W/o Nooparam Meghwal, Aged About 42 Years, R/o Sh. Sundarlal Agrawal Sethiya Bhawan, Pahariya, Tehsil Sujangarh, Dist. Churu, Rajasthan 331505 Through Its PoA Holder Sh. Suresh Kumar Meghwal

¶164

----Petitioner

¶165

Versus

¶166

State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology, Jaipur.

¶167

The Superintendent, Mining Officer, Department Of Mines And Geology, Sadulganj, Bikaner.

¶168

Assistant Mining Officer, Department Of Mines And Geology, Churu Rajasthan.

¶169

----Respondents

¶170

For Petitioner(s)	: Mr. C. S. Kotwani
	Mr. Sheetal Kumbhat
	Mr. Ankit Shah
	Mr. Saurabh Rajpal
For Respondent(s)	: Mr. DigvijaySingh Jasol,Dy.GC

¶171

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

¶172

Order

¶173

03/02/2023

¶174

Heard learned counsel for the parties.

¶175

Learned counsel for the petitioners, after having attempted to argue the matters for quite some time, do not wish to press these writ petitions and seek permission to withdraw these writ petitions with liberty to file appeals before the Appellate Authority along with an application for condonation of delay and an application for getting the area inspected afresh.

(8 of 8)

[2023/RJJD/003853]

[CW-15016/2022]

The submission of learned counsel for the petitioners so far as filing of the appeals and the applications for condonation of delay is concerned, is not objected by learned counsel appearing for the State. However, he submits that no observation or direction should be passed by this Court on the applications to be preferred by the petitioners for inspecting the area afresh.

¶180

I have considered the submissions made at the bar.

¶181

The present writ petitions are disposed of with liberty to the petitioners to file appeals against the order passed by the Superintendent, Mining Engineer before the Appellate Authority in accordance with the Rules along with the applications for condonation of delay and the applications for getting the area inspected afresh, if the same are permissible under the law.

¶182

It is made clear that the permission granted for filing such applications before the Appellate Authority will be adjudicated by him strictly in accordance with law and the permission granted by this Court shall not be deemed to be any observation or any direction to the Appellate Authority for passing any order on the same.

¶183

It is expected from the Appellate Authority that on filing these appeals, the appropriate orders will be passed at the earliest preferably within a period of one month from the date of the filing of the appeals.

¶184

(VINIT KUMAR MATHUR),J

¶185

31 to 46, 48 & 50-SunilS/-

M/S Jai Maa Stone v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

M/S Jai Maa Stone v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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