Writ petitioner challenged impugned orders rejecting mining lease application, alleging violation of Rule 26 of Mineral Concession Rules, 1960 by not issuing separate hearing notice. Court dismissed petition, holding petitioner failed to comply with notice and deficiencies remain unaddressed.
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[2024:RJ-JP:39261]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.508/2011
Kanthi Kumar Agrawal, Son of Late Shri Mahaveer Prasad Agarwal, resident of 76-A, Kastoorba Nagar, Meera Marg, Nirman Nagar, Ajmer Road, Jaipur (Rajasthan) (died) through legal representatives:-
1/1 Sushila Agrawal, Wife of late Shri Kanthi Kumar Agrawal, aged about 53 years, resident of 76-A, Kastoorba Nagar, Meera Marg, Nirman Nagar, Ajmer Road, Jaipur (Rajasthan)
1/2 Ankit Agarwal, Son of Late Shri Kanthi Kumar Agrawal, aged about 38 years, resident of 76-A, Kastoorba Nagar, Meera Marg, Nirman Nagar, Ajmer Road, Jaipur (Rajasthan).
1/3 Neha Jain, Daughter of Late Shri Kanthi Kumar Agrawal, Wife of Shri Anuj Jain, aged about 36 years, resident of 121-A, Mahesh Colony, Near JP Underpass, Tonk Phatak, Jaipur (Rajasthan).
1/4 Aditi Agarwal, Daughter of Late Shri Kanthi Kumar Agrawal, Wife of Shri Ankit Jain, aged about 34 years, resident of 906, Gopalan Lake Front, Veer Sandra, Bangalore.
----Petitioner
----Respondent
For Petitioner(s) : Mr.Ashwani Kumar Chobisa, Adv. For Respondent(s) : Mr.Rahul Lodha, Addl. Govt. Counsel.
HON'BLE MR. JUSTICE AVNEESH JHINGAN Order
17/09/2024
[2024:RJ-JP:39261]
[CW-508/2011]
(2 of 3)
Neem Ka Thana, District Sikar. On non-removal of deficiencies pointed out in notice dated 07.12.2004 the application was rejected vide order dated 01.09.2005. On dismissal of revision on 09.09.2010, the present writ petition has been filed.
[2024:RJ-JP:39261]
[CW-508/2011]
opportunity of hearing should have been issued has been rendered academic.
(AVNEESH JHINGAN), J
HS/82
Reportable:- Yes
3 issues framed by the court
Whether the impugned order rejecting the mining lease application violating procedural requirements under Rule 26 of the Mineral Concession Rules, 1960 by not issuing a separate notice for hearing.
Whether the petitioner was entitled to a separate notice for hearing after non-removal of deficiencies pointed out.
Whether the writ petition against the rejection of mining lease application requiring remand.
1 provisions across 1 enactments
Kanthi Kumar Agrawal (deceased) through legal representatives
Union of India
State of Rajasthan
Director, Mines & Geology, Udaipur
Mining Engineer, Sikar
AVNEESH JHINGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
