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2015 Supreme(Raj) 237

ARUN BHANSALI
Gotan Lime Stone Khanij Udyog – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
Mr. Dushyant Dave, Senior Advocate Mr. M.S. Singhvi, Senior Advocate assisted by Mr. Anjay Kothari, Mr. Varun Singhvi & Mr. Abhishek Mehta, for the petitioner/s.
Dr. P.S. Bhati, AAG with Mr. S.S. Rathore for the respondent-State.
Mr. P.K. Bhalla, Mr. D.D. Thanvi, Mr. Ramit Mehta for the respondent No.5.

ORDER

This writ petition has been filed by the Gotan Lime Stone Khanij Udyog Pvt. Ltd. ('petitioner' / 'Gotan Lime' / 'the Company') aggrieved against the order dated 16.12.2014 (Annex.22) passed by the Joint Secretary, Mines (Group-2), Government of Rajasthan, Jaipur, by which the order dated 25.4.2012 whereby the lease was permitted to be transferred in petitioner's favour has been declared void and the Mining Lease No.45/93 has been cancelled.

The facts in brief may be noticed thus : a Mining Lease being ML No.45/93 was granted to a partnership firm M/s. Gotan Lime Stone Khanij Udyog ('the firm'). The mine was operated and whereafter it appears that the partners of the firm decided to incorporate a private limited company for undertaking the business hereto-before conducted by the firm and therefore, proceedings were initiated for incorporation of the company, a letter dated 5.3.2012 was issued by the Registrar of Companies, Rajasthan indicating the availability of name Gotan Lime Stone Khanij Udyog Pvt. Ltd.; the certificate of incorporation was issued on 26.3.2012; whereafter an application dated 28.3.2012 was filed by the firm signed by Ramvallabh Chauhan, partner / power of a












































































































































































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