Dismissed

Bhanwara Ram v. State of Rajasthan

Rajasthan HC1 Jul 2024CW/7994/2024

Case brief

AI extract

What is this about?

In a S.B. Civil Writ Petition concerning a demand notice under Rajasthan Minor Mineral Concession Rules, a single judge held that the petitioner had an alternative remedy and possessed the petition. The court granted a stay on lease cancellation pending appeal.

What did the court decide?

Stay on cancellation of mining lease until disposal of stay application; liberty to approach Appellate Authority.

Bhanwara Ram Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2024)

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[2024:RJ-JD:26355]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 7994/2024

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Bhanwara Ram W/o Parmaram, Aged About 39 Years, R/o Village Kinsariya, Tehsil Parbatsar, District Didwana-Kuchaman, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Director Of Mines And Geology, Directorate, Udaipur, Rajasthan.

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The Department Of Mines And Geology, Through Superintending Mining Engineer, Ajmer, Rajasthan.

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The Assistant Mining Engineer, Makrana, Department Of Mines And Geology, Makrana, Rajasthan.

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The Mining Engineer, Makrana, Department Of Mines And Geology, Makrana, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr. Himanshu Choudhary
For Respondent(s)	: Mr. Mahaveer Bishnoi,AAG

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JUSTICE DINESH MEHTA

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Order

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01/07/2024

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Mr. Mahaveer Bishnoi, learned AAG appearing for the Mining Department on caveat, at the outset, submits that the petitioner has preferred the present writ petition against the demand notice dated 08.04.2024 sent by the Assistant Mining Engineer, Mines and Geology Department, Makrana, against which, he is having an efficacious alternative remedy under Rule 63 of Rajasthan Minor Mineral Concession Rules, 2017. He thus, prayed that present writ petition be not entertained.

[2024:RJ-JD:26355]

[CW-7994/2024]

(2 of 2)

Having regard to the facts and circumstances of the case, this Court is not inclined to exercise its extraordinary jurisdiction.

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The writ petition is, therefore, dismissed.

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The petitioner shall, however, be free to approach the Appellate Authority.

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In case petitioner prefers an appeal alongwith stay application within a period of seven days, the Appellate Authority shall consider at least stay application (if not the appeal) in accordance with law within a period of 15 days.

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Till, disposal of the stay application, the petitioner’s mining lease shall not be cancelled for alleged default arising from the demand notice dated 08.04.2024. The order of the Appellate Authority shall hold the field thereafter.

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Stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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144-Arvind/-

Bhanwara Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bhanwara Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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