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2015 Supreme(Raj) 1970

BELA M.TRIVEDI
CEE ESS Mines Pvt. Ltd. – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Appellants:Mr. R.K. Agarwal, Senior Advocate with Mr. Bipin Gupta, Advocate.
For the Respondents:Mr. N.S. Choudhary, Deputy Govt. Advocate.

JUDGMENT

1. - The present first appeal under Section 96 of CPC is directed against the judgment and decree dated 30/5/2015 passed by the Additional District Judge No. 1, Alwar (hereinafter referred to as 'the Trial Court'), whereby the Trial Court has dismissed the suit of the appellants-plaintiffs, seeking declaration to the effect that the show cause notice dated 27/1/2004 (wrongly mentioned as 27/1/2003) was illegal, without authority of law and that the respondents-defendants had no right to recover the penalty as mentioned therein. The appellants-plaintiffs had also sought permanent injunction for restraining the respondents-defendants from recovering the amount of penalty mentioned in the said show cause notice.

2. The appellants-plaintiffs had filed the suit alleging inter-alia that one mining lease was allotted to the plaintiffs at the Village Jhiri, Tehsil Thanagaji, District Alwar having M.L. No.218/89 (R) for the area of 1000ft. in length and 500ft. in width shown by red colour in the map annexed to the plaint. The said mining lease was initially allotted to Gujarmal Mahajan, father of the plaintiff No.2-Chandra Shekhar on 19/2/1970, and thereafter was allotted to the pla


























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