Disposed

Dev Dashrath Mining and Tolls LLP v. State of Rajasthan

Rajasthan HC14 Mar 2023CW/8394/2020

Case brief

AI extract

What is this about?

The High Court disposed of multiple connected writ petitions filed by various mining royalty petitioners. The Court found the controversy resolved by the State Government's Amnesty Scheme and directed them to file a representation for refund of excess amounts already deposited.

What did the court decide?

Direction to file representation within 15 days for refund of excess amounts deposited.

Dev Dashrath Mining and Tolls LLP Vs State of Rajasthan — Rajasthan HC (2023) — LawSathi Research

(1 of 11)

[2023/RJJD/006608]

[CW-4188/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶5

S.B. Civil Writ Petition No. 4188/2020

¶6

M/s. Graphtech Exim Pvt. Ltd., Having Its Registered Office At 154, Satya Niketan, New Delhi, C/o 19, Vardhman Complex, Hiranmagri Sector-4, Udaipur, Through Its Director Chundawat, Aged About 31 Years, Resident Of Naval Singh Ji Ka Guda, PostKurawad, Tehsil- Girwa, District- Udaipur (Rajasthan).

¶7

----Petitioner

¶8

Versus

¶9

State Of Rajasthan, Through Secretary To The Government, Department Of Mines And Geology, Secretariat, Jaipur.

¶10

The Director, Department Of Mines And Geology, Khanij Bhawan, Udaipur.

¶11

The Additional Director, Department Of Mines And Geology, Udaipur.

¶12

Assistant Mining Engineer, Department Of Mines And Geology, Nimbahera.

¶13

----Respondents

¶14

Connected With

¶15

S.B. Civil Writ Petition No. 4189/2020

----Petitioner

Versus

The State Of Rajasthan, Through Secretary To The Government, Department Of Mines And Geology, Secretariat, Jaipur.

¶20

The Director, Department Of Mines And Geology, Khanij Bhawan, Udaipur.

¶21

Mining Engineer, Department Of Mines And Geology, Udaipur.

¶22

The Additional Director, Department Of Mines And

(2 of 11)

[2023/RJJD/006608]

[CW-4188/2020]

Geology, Udaipur.

----Respondents

S.B. Civil Writ Petition No. 4190/2020

¶29

M/s. Graphtech Exim Pvt. Ltd., Having Its Registered Office At 154, Satya Niketan, New Delhi, C/o 19, Vardhman Complex, Hiran Magri Sector-4, Udaipur, Through Its Director Jitendrapal Singh Chundawat S/o Shri Jeevan Singh Chundawat, Aged About 31 Years, Resident Of Naval Singh Ji Ka Guda, Post Kurawad, Tehsil Girwa, District Udaipur (Rajasthan).

¶30

----Petitioner

¶31

Versus

¶32

The State Of Rajasthan, Through The Principal Secretary, Department Of Mines, Government Of Rajasthan, Secretariat, Jaipur.

¶33

Director, Mines And Geology Department, Government Of Rajasthan, Khanij Bhawan, Udaipur.

¶34

Assistant Mining Engineer, Department Of Mines And Geology, Beawer.

¶35

The Additional Director, Department Of Mines And Geology, Jaipur.

¶36

----Respondents

¶37

S.B. Civil Writ Petition No. 4192/2020

¶38

M/s Graphtech Exim Pvt. Ltd., Having Its Registered Office At 154, Satya Niketan, New Delhi, C/o 19, Vardhman Complex, Hiran Magri Sector-4, Udaipur, Through Its Director Jitendrapal Singh Chundawat S/o Shri Jeevan Singh Chundawat, Aged About 31 Years, Resident Of Naval Singh Ji Ka Guda, Post Kurawad, Tehsil Girwa, District Udaipur (Rajasthan).

¶39

----Petitioner

¶40

Versus

¶41

State Of Rajasthan, Through Secretary To The Government, Department Of Mines, Secretariat, Jaipur.

¶42

The Director, Department Of Mines And Geology 'khanijBhawan', Udaipur.

¶43

The Additional Director, Department Of Mines And Geology, Udaipur.

¶44

Mining Engineer, Department Of Mines And Geology,

(3 of 11)

[2023/RJJD/006608]

[CW-4188/2020]

Banswara.

----Respondents

S.B. Civil Writ Petition No. 4195/2020

¶51

M/s. Shiv Shankar Royalties, Through Its Partner Dimple Bhati D/o Virendra Singh Bhati, R/o 142, Hanuwant-B, Bjs Colony, Jodhpur.

¶52

----Petitioner

¶53

Versus

¶54

State Of Rajasthan, Through The Principal Secretary, Department Of Mines, Government Of Rajasthan, Secretariat, Jaipur.

¶55

The Director, Mines And Geology Department, Government Of Rajasthan, Khanij Bhawan, Udaipur.

¶56

The Additional Director, Mines And Geology Department, Government Of Rajasthan, Khanij Bhawan, Udaipur.

¶57

Mining Engineer, Department Of Mines And Geology, Nagaur.

¶58

----Respondents

¶59

S.B. Civil Writ Petition No. 4211/2020

¶60

M/s Graphtech Exim Pvt Ltd., Having Its Registered Office At 154, Satya Niketan, New Delhi, C/o 19, Vardhman Complex, Hiran Magri Sector-4, Udaipur, Through Its Director Jitendrapal Singh Chundawat S/o Shri Jeevan Singh Chundawat, Aged About 31 Years, Resident Of - Naval Singh Ji Ka Guda, Post- Kurawad, Tehsil- Girwa, District- Udaipur (Rajasthan).

¶61

----Petitioner

¶62

Versus

¶63

State Of Rajasthan-State, Through Secretary To The Government, Department Of Mines And Geology, Secretariat, Jaipur.

¶64

The Director, Department Of Mines And Geology, Khanij Bhawan, Udaipur.

¶65

The Additional Director, Department Of Mines And Geology, Udaipur.

¶66

Mining Engineer, Department Of Mines And Geology, Bhilwara.

¶67

----Respondents

¶68

(4 of 11) [CW-4188/2020]

¶69

[2023/RJJD/006608]

¶70

S.B. Civil Writ Petition No. 4221/2020

¶71

M/s. Graphtech Exim Pvt. Ltd., Having Its Registered Office At 154, Satya Niketan, New Delhi. C/o 19, Vardhman Complex, Hiran Magri Sector-4, Udaipur, Through Its Director Jitendrapal Singh Chundawat S/o Shri Jeevan Singh Chundawat, Aged About 31 Years, Resident Of Naval Singh Ji Ka Guda, Post Kurawad, Tehsil - Girwa, District Udaipur (Rajasthan).

¶72

----Petitioner

¶73

Versus

¶74

State Of Rajasthan, Through The Principal Secretary, Department Of Mines, Government Of Rajasthan, Secretariat, Jaipur.

¶75

Director, Mines And Geology Department, Government Of Rajasthan, Khanij Bhawan, Udaipur.

¶76

The Additional Director, Department Of Mines And Geology, Jaipur.

¶77

Mining Engineer, Department Of Mines And Geology, Sojat City, District Pali.

¶78

----Respondents

¶79

S.B. Civil Writ Petition No. 4227/2020

¶80

M/s. Girnar Royalties, Through Its Partner Om Pal Singh S/o Shri Dayal Singh, Aged About 41 Years, R/o Village And Post Mailkera (Bajor, District Sikar (Rajasthan).

¶81

----Petitioner

¶82

Versus

¶83

State Of Rajasthan, Through Secretary, Mines And Geological Department, Secretariat, Jaipur.

¶84

Director, Mines And Geological Department, Khanji Bhawan, Udaipur.

¶85

Mining Engineer, Mines And Geological Department, Sirohi.

¶86

----Respondents

¶87

S.B. Civil Writ Petition No. 4233/2020

¶88

M/s Girnar Royalties, Through Its Partner Om Pal Singh S/o Shri Dayal Singh, Aged About 41 Years, R/o Village And Post Mailkera (Bajor), District Sikar (Rajasthan).

----Petitioner

[2023/RJJD/006608]

Versus

State Of Rajasthan, Through Secretary, Mines And Geological Department, Secretariat, Jaipur.

¶93

Director, Mines And Geological Department, Khan Bhawan, Udaipur.

¶94

Mining Engineer, Mines And Geological Department, Churu.

¶95

----Respondents

¶96

S.B. Civil Writ Petition No. 4290/2020

¶97

Ram Pratap Singh S/o Bagwat Singh Rajput, Aged About 38 Years, By Caste Rajput, Resident Of Charliya, Tehsil Nimbahera, District Chittorgarh (Raj.) At Present 33 Madhuban Sehthi Chittorgarh (Raj.).

¶98

----Petitioner

¶99

Versus

¶100

State Of Rajasthan, Through Prinipal Secretary Mines, Dept Of Mines, Secretariat, Jaipur (Raj.).

¶101

Mines And Geology Department, Through Its Director, Mines And Geology, Udaipur (Raj.).

¶102

Mining Engineer, Mines And Geology Department, Chittorgarh (Raj.).

¶103

----Respondents

¶104

S.B. Civil Writ Petition No. 4298/2020

¶105

M/s. Jai Bhawani Plaster Industries, Prop. Shravan Kumar Sihag, Age About 59 Yers, R/o Sardarsahar Road, Barmamsar, Rawatsar, Hanumangarh, Rajasthan. Through Power Of Attorney Holder Jagdish S/o Shravan Kumar Sihag R/o Village Baramsar, Rawatsar, Hanumangarh, Rajasthan.

¶106

----Petitioner

¶107

Versus

¶108

State Of Rajasthan, Through The Principal Secretary, Department Of Mines, Government Of Rajasthan, Government Secretariat, Jaipur.

¶109

Director, Mines And Geology Department, Government Of Rajasthan, Khanij Bhawan, Udaipur.

¶110

Mining Engineer, Nagour, Department Of Mines And Geology, Nagour.

(6 of 11)

[2023/RJJD/006608]

[CW-4188/2020]

----Respondents

S.B. Civil Writ Petition No. 4441/2020

¶116

M/s. Shri Shiv Shankar Royalties, Through Its Partner Dimple Bhati D/o Virendra Singh Bhati, Aged About 24 Years, R/o 142, Hanumant-B, Bjs Colony, Jodhpur.

¶117

----Petitioner

¶118

Versus

¶119

State Of Rajasthan, Through The Principal Secretary, Department Of Mines, Government Of Rajasthan, Secretariat, Jaipur.

¶120

The Director, Mines And Geology Department, Government Of Rajasthan, Khanij Bhawan, Udaipur.

¶121

The Additional Director, Mines And Geology Department, Government Of Rajasthan, Khanij Bhawan, Udaipur.

¶122

Mining Engineer, Department Of Mines And Geology, Nagaur.

¶123

----Respondents

¶124

S.B. Civil Writ Petition No. 4448/2020

¶125

Sanjay Singh S/o Shri Vijendra Singh, Aged About 36 Years, Resident Of Chhotikudi, Tehsil Laxmangarh, District Sikar (Raj.).

¶126

----Petitioner

¶127

Versus

¶128

State Of Rajasthan, Through Secretary, Mines And Geological Department, Secretariat, Jaipur.

¶129

Director, Mines And Geological Department, Khan Bhawan, Udaipur.

¶130

Mining Engineer, Mines And Geological Department, Barmer.

¶131

----Respondents

¶132

S.B. Civil Writ Petition No. 4449/2020

¶133

Sanjay Singh S/o Shri Vijendra Singh, Aged About 34 Years, Resident Of Chhotikudi, Tehsil Laxmangarh, District Sikar (Raj.).

¶134

----Petitioner

¶135

Versus

¶136

State Of Rajasthan, Through Secretary, Mines And Geological Department, Secretariat, Jaipur.

¶137

(7 of 11) [CW-4188/2020]

¶138

[2023/RJJD/006608]

¶139

Director, Mines And Geological Department, Khan Bhawan, Udaipur.

¶140

Mining Engineer, Mines And Geological Department, Barmer.

¶141

----Respondents

¶142

S.B. Civil Writ Petition No. 4451/2020

¶143

Sanjay Singh S/o Vijendra Singh, Aged About 34 Years, Chhoti Kudi, Tehsil Laxmangarh, District Sikar (Raj.).

¶144

----Petitioner

¶145

Versus

¶146

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

¶147

Director, Mines And Geological Department, Khan Bhawan, Udaipur.

¶148

Mining Engineer, Mines And Geological Department, Barmer.

¶149

----Respondents

¶150

S.B. Civil Writ Petition No. 4625/2020

¶151

M/s Riddhi Siddhi Housing Pvt. Ltd., Through Its Director Devendra Singh Bhati S/o Virendra Singh Bhati Aged About 23 Years, Having Its Registered Office At 312, Ganpati Plaza, M.i. Road, Jaipur (Raj.).

¶152

----Petitioner

¶153

Versus

¶154

State Of Rajasthan, Through Secretary, Mines And Geological Department, Secretariat, Jaipur.

¶155

Director, Mines And Geological Department, Khanij Bhawan, Udaipur.

¶156

Mining Engineer, Mines And Geological Department, Bijolia, District Bhilwara (Rajasthan).

¶157

----Respondents

¶158

S.B. Civil Writ Petition No. 7998/2020

¶159

Dev Dashrath Mining And Tolls Llp, Registered Address 1011, Rani Sati Nagar, Hirapura, Ajmer Road, Jaipur, 302019, Through Its Desginated Person, Bharat Kumar Singh S/o Sh. Mahendra Singh, Aged About 30 Years, Resident Of 11, Umaid Nagar Village, Near Mahendra Singh Ji Ki Haveli, Mathaniya Jodhpur,

[2023/RJJD/006608]

[CW-4188/2020]

(8 of 11)

342305 District Jodhpur.

¶164

----Petitioner

¶165

Versus

¶166

The State Of Rajasthan, Through The Secretary To The Government, Mines And Geological Department, Government Of Rajasthan, Secretariat, Jaipur.

¶167

Director, Mines And Geology Department, Government Of Rajasthan, Khanij Bhawan, Udaipur.

¶168

Mining Engineer, Department Of Mines And Geology, Jodhpur.

¶169

----Respondents

¶170

S.B. Civil Writ Petition No. 8154/2020

¶171

Dev Dashrath Mining And Tolls Llp, Registered Address 1011, Rani Sati Nagar, Hirapura, Ajmer Road Jaipur, 302019, Through Its Designated Person, Bharat Kumar Singh S/o Sh. Mahendra Singh, Aged About 30 Years, Resident Of 11, Umaid Nagar Village, Near Mahendra Singh Ji Ki Haveli, Mathaniya Jodhpur, 342305 District Jodhpur.

¶172

----Petitioner

¶173

Versus

¶174

State Of Rajasthan, Through The Secretary To The Government, Mines And Geological Department, Government Of Rajasthan, Secretariat, Jaipur.

¶175

Director, Mines And Geology Department, Goverment Of Rajasthan, Khanij Bhawan, Udaipur.

¶176

Mining Engineer, Department Of Mines And Geology, Jodhpur.

¶177

----Respondents

¶178

S.B. Civil Writ Petition No. 8394/2020

¶179

Dev Dashrath Mining And Tolls Llp, Registered Address 1011, Rani Sati Nagar, Hirapura, Ajmer Road, Jaipur, 302019, Through Its Designated Person, Bharat Kumar Singh S/o Mahendra Singh, Aged About 30 Years, Resident Of 11, Umaid Nagar Village, Near Mahendra Singh Ji Ki Haveli, Mathaniya Jodhpur, 342305 District Jodhpur.

¶180

----Petitioner

¶181

Versus

¶182

(9 of 11) [CW-4188/2020]

¶183

[2023/RJJD/006608]

¶184

State Of Rajasthan, Through The Secretary To The Government, Mines And Geological Department, Government Of Rajasthan, Secretariat, Jaipur.

¶185

Director, Mines And Geological Department, Government Of Rajasthan, Khanij Bhawan, Udaipur.

¶186

Mining Engineer, Department Of Mines And Geology, Jodhpur.

¶187

----Respondents

¶188

For Petitioner(s)	: Mr. Bharat Kumar Singh (present in
	person for Dev Dashrath Mining & Tolls)
For Respondent(s)	: Mr. Sandeep Shah, Sr. Adv.-cum-AAG assisted byMs. Akshiti Singhvi.

¶189

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶190

Order

¶191

14/03/2023

¶192

The lawyers are abstaining from the work. 2. These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers, and for the sake of convenience, the prayer clauses are being taken from the leading case, S.B. Civil Writ Petition No.4188/2020:-

¶193

“I. The order dated 24.04.2020 (Annexure-1) passed by respondent No.4 may kindly be quashed and set aside.

¶194

II. The respondent department may kindly be directed to exempt/waive the monthly installment during the period of lockdown, and

¶195

III. Direct the respondents to grant remission/concession from the deposition of installment of excess royalty and DMFT amount and for the consequential reduction in the contract amount of the installments due for the relevant period of ‘Lockdown’ and

[2023/RJJD/006608]

[CW-4188/2020]

(10 of 11)

IV. call for record of the entire proceeding in the present matter.”

¶200

It is informed by Mr. Sandeep Shah, Senior Counsel cum AAG assisted by Ms. Akshiti Singhvi that the controversy is resolved due to the Amensty Scheme floated by the State Government whereby relief has been granted to the present petitioners.

¶201

Learned Senior Counsel cum Additional Advocate General fairly submits that the question which may be remaining is that the amounts which have already deposited before the Amensty Scheme having been applied, would be sought to be refunded by the petitioners.

¶202

This Court, on perusal of the record, finds that a reasonable stand has been taken by the State of Rajasthan by providing requisite relaxations in the Amensty Scheme and thus, the petitioners have been given the broader relief. The proposition which has been brought to the notice by the learned Additional Advocate General as well as the private person appearing is that certain amounts in excess to the Amensty Scheme which has been paid are at stake. In this regarding, it is directed that the State of Rajasthan shall take a considered decision and the petitioners are directed to file a detailed representation for seeking refund of the excess amount paid by them or any other relief which remains after the applicability of the Amensty Scheme.

¶203

Such representation shall be preferred by the petitioners within a period of fifteen days from today and thereafter, the respondents shall be required to pass a speaking order within a period of sixty days from the date of receiving the representation alongwith certified copy of this order. However, the petitioners shall be at liberty approach this Court again, if required.

[2023/RJJD/006608]

[CW-4188/2020]

(11 of 11)

In view of above, the present petitions are disposed of. All pending applications stand disposed of.

¶208

(DR.PUSHPENDRA SINGH BHATI), J.

¶209

16-34-Jitender

Dev Dashrath Mining and Tolls LLP v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dev Dashrath Mining and Tolls LLP v. State of Rajasthan

Case brief

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