This is a single-paragraph order dismissing a writ petition challenging directions regarding a mining lease. The court dismissed the petition on the ground of a six-year delay, holding that no case was made out for interference.
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-JP:14411 )
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5967/2022
M/s Star Minerals, Through Vinit Maharia S/o Sh. Subhash Maharia, R/o Fatehpur Road, Sikar District Sikar (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : None. For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
17/07/2023
This writ petition has been filed by the petitioner with the
following prayer:-
“It is, therefore, most respectfully prayed that your lordship may graciously be pleased to quash and set aside the impugned letter dated 06.06.2016 direction and further not revoked the prior NOC dated 12.05.2006 issued by the Forest Department in respect of mining lease bearing no. 297/2005 situated at Near Village Jatala Tan Jharinda, Tehsil Neemkathana District Sikar or not to interfere the mining activities in the petitioner mining lease area in the garb of impugned letter dated 06.06.2016.
[CW-5967/2022]
(2 of 2)
Any other order or direction, which this Hon’ble Court deems fit and proper, may kindly be passed in favour of the petitioners.”
On 20.04.2023, this court passed the following order:-
“Four weeks’ time is allowed to remove the defect(s). List on 13.07.2023.
Today also none present on behalf of the petitioner to argue the matter.
Admittedly, the cause of action relates to the year 2016 whereas the petitioner has filed this writ petition in the year 2022, after a delay of six years.
Considering the facts and circumstances of the present case and in my view, no case is made out for interference by this court under Article 226 of the constitution of India.
In that view of the matter, this writ petition is dismissed on the ground of delay and laches.
(INDERJEET SINGH),J
MG/20
2 issues framed by the court
Whether the writ petition should be allowed despite a six-year delay in filing.
Whether Article 226 of the Constitution provides a case for interference given the delay and laches.
M/s Star Minerals
Principal Chief Conservetor Of Forest (Hoff)
Director Of Mines And Geology Department
INDERJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
