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2021 Supreme(Raj) 188

SANJEEV PRAKASH SHARMA
Kamlesh Metacast Pvt. Ltd. – Appellant
Versus
State Of Rajasthan, Through Additional Chief Secretary Department Of Mines & Petroleum, Government Of Rajasthan, Secretariat, Jaipur (Rajasthan) – Respondent


Advocates Appeared:
For the Petitioners:Mr. Kamlakar Sharma, Sr. Advocate with Ms. Alankrita Sharma
For the Respondents: Mr. Jaivardhan Singh Shekhawat for Mr. R.P. Singh, AAG

JUDGMENT :

1. Brief facts as set out by the petitioner-company which are relevant for the purpose of adjudication of the issue involved in the present writ petition are being referred as under:-

    (i) The petitioner-company had applied for Prospecting License (hereinafter referred to as “P.L.”) for mining activity. The area for mining lease was approved and demarcated on 24.12.2014. The order for granting P.L. was issued for a period of three years and sanction was granted.

(ii) On 12.01.2015, the Mines and Mineral (Development & Regulation) Amendment Act, 2015 (hereinafter referred to as “the MMDR Act, 2015”) came into force whereby it was provided that all the pending applications would stand rejected except those which have been saved under Clause

(a) to (c) of sub-section (2) of Section 10A, of the MMDR Act as it existed.

(iii) A decision was taken by the State Government on 17.10.2015 to cancel all the permissions granted and LoIs issued by the Mining Department for the period from 01.11.2014 to 12.01.2015 on the ground that the same were issued contrary to the guidelines laid down by the Central Government and the State Government. In pursuance thereof, a show cause notice was issue

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