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2019 Supreme(SC) 875

A.M.SAPRE, R.SUBHASH REDDY
State of Rajasthan – Appellant
Versus
Shiv Dayal – Respondent


Advocates Appeared:
For the Appellant(s) :Satyendra Kumar, Shailja Nanda Mishra, Harsha Vinoy, Milind Kumar, Advocates
For the Respondent(s):S. K. Bhattacharya, Advocates

JUDGMENT :

Abhay Manohar Sapre, J.

1. These appeals are directed against the final judgment and order dated 23.03.1999 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in S.B. Civil Second Appeal Nos.83, 84 and 85 of 1999 whereby the High Court dismissed the second appeals filed by the appellants herein.

2. A few facts need mention hereinbelow for the disposal of these appeals, which involve a short point.

3. The appellants are the defendants and respondent No. 1 is the plaintiff in the civil suit out of which these appeals arise.

4. The appellant No. 1 is the State of Rajasthan and respondent No. 1 claims to be the mining lessee in relation to the suit land under the Mines and Minerals (Development & Regulation) Act (hereinafter referred to as “MMRD Act”).

5. The respondent No. 1 filed a civil suit against the appellant State and its authorities and claimed therein a relief of grant of permanent injunction restraining the State and its authorities from interfering in carrying out the mining operations on the suit land by respondent No.1.

6. Respondent No. 1 claimed this relief inter alia on the averments that the suit land was not the part of any protected Forest area

































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