M/S S. Gupta Mines and Marble Pvt. Ltd. Vs State of Rajasthan

[2025:RJ-JP:40529]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

(1) S.B. Civil Writ Petition No. 14628/2024

M/s S. Gupta Mines And Marble Pvt. Ltd., Through its Power Of Attorney Holder Rupendra Kumar Sharma S/o Shri Hariom Sharma Aged About 25 Years R/o 2/6 Vivekanand Nagar, Alwar (Raj.)

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----Petitioner

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Versus

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

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Director Mines And Geology, Government Of Rajasthan, Udaipur.

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Superintending Mining Engineer, Jaipur Circle Jaipur.

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

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----Respondents

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Connected With

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(2) S.B. Civil Writ Petition No. 15478/2024

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M/s S. Gupta Mines And Marble Pvt. Ltd., Through Its Power Of Attorney Holder Rupendra Kumar Sharma S/o Shri Hariom Sharma Aged About 25 Year R/o 2/6 Vivekanand Nagar Alwar (Raj.)

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----Petitioner

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Versus

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

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Director Mines And Geology, Government Of Rajasthan Udaipur

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Superintending Mining Engineer, Jaipur Circle, Jaipur 4. Mining Engineer, Mines And Geology Department, Alwar (Raj.)

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----Respondents

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For Petitioner : Mr. Zakir Hussain, Adv. with Mr. Zaid Khan, Adv.

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For Respondents : Mr. Shubham Gupta, Adv. on behalf of Mr. Rahul Lodha, A.G.C.

(2 of 3)

[2025:RJ-JP:40529]

[CW-14628/2024]

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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06/10/2025

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The present petitions have been filed by the petitioner challenging the assessment order dated 05.05.2016 and show cause notices dated 09.03.2018 and 26.07.2023 issued by respondent No.4 and also demand order dated 04.09.2023 and amended demand order dated 15.09.2023, whereby penalty of Rs.3,43,61,840/- was imposed on the petitioner-Company on the ground of illegal mining. The petitioner has also challenged the order dated 06.02.2024 passed by the Court of Additional Director (Mining), Mining and Geology Department, Jaipur (hereinafter referred to as the 'Appellate Court') in Appeal No.136/2018 confirming the termination order dated 16.04.2018 passed by Office of Superintending Mining Engineer, Jaipur.

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Brief facts of the case are that the Appeal No.136/2018 was filed by the petitioner against the termination order dated 16.04.2018 and the same was dismissed, as the petitioner failed to deposit the said penalty. 3. Learned counsel for the petitioner submits that during pendency of these petitions, the petitioner has deposited the said penalty on 14.08.2025 in the Amnesty Scheme, 2025, therefore, learned counsel prays that the petitions be disposed of at this stage and the order dated 06.02.2024 passed in Appeal No.136/2018 be quashed and set aside and in the changed circumstances, the Appellate Court be directed to decide the said appeal afresh.

[2025:RJ-JP:40529]

[CW-14628/2024]

(3 of 3)

Learned counsel for the petitioner contends in S.B. Civil Writ Petition No. 15478/2024 that the petitioner has also filed another Appeal No.135/2018 against the order dated 16.04.2018, wherein Mining Lease No.325/2008 was also cancelled but, no penalty was imposed on the petitioner, therefore, no amount is outstanding.

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Learned counsel for the respondent has admitted the fact that the petitioner has deposited the penalty in Amnesty Scheme, 2025, therefore, S.B. Civil Writ Petition No. 14628/2024 has become infructuous.

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Heard learned counsel for the parties and perused the material available on record.

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It is an admitted position that the Mining Lease No.326/2008 in favour of the petitioner was cancelled and some penalty was imposed on the petitioner but the petitioner failed to deposit the same however, during pendency of this petition, the petitioner has deposited the said penalty under the Amnesty Scheme, 2025, therefore, the present petitions deserve to be allowed.

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In view of the aforesaid discussions, these petitions are allowed and the order dated 06.02.2024 passed by the Additional Director (Mining), Mining and Geology Department, Jaipur in Appeals No.135/2018 and 136/2018 is quashed with the direction that the Additional Director (Mining), Mining and Geology Department, Jaipur shall dispose the appeals afresh after giving opportunity of hearing to the petitioner, within a period of two months from the date of receipt of certified copy of this order.

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Any other pending applications also stand disposed of.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /154-155

M/S S. Gupta Mines and Marble Pvt. Ltd. v. State of Rajasthan

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M/S S. Gupta Mines and Marble Pvt. Ltd. v. State of Rajasthan

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