Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 809

IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Nema Ram - Appellant
Versus
State Of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 12150/2021 Connected with S.B. Civil Writ , etition No. 12840/2021 , S.B. Civil Writ , etition No. 12843/2021 , S.B. Civil Writ , etition No. 12881/2021 , S.B. Civil Writ , etition No. 12884/2021 , S.B. Civil Writ , etition No. 12885/2021 , S.B. Civil Writ , etition No. 12886/2021 , S.B. Civil Writ , etition No. 12904/2021 , S.B. Civil Writ , etition No. 12918/2021 , S.B. Civil Writ , etition No. 12923/2021 , S.B. Civil Writ , etition No. 13342/2021 , S.B. Civil Writ , etition No. 13479/2021 , S.B. Civil Writ , etition No. 12651/2021 , S.B. Civil Writ , etition No. 12657/2021 , S.B. Civil Writ , etition No. 12654/2021 , S.B. Civil Writ , etition No. 12666/2021 , S.B. Civil Writ , etition No. 12691/2021
Decided on : 27-09-2021

Advocates appeared:
Mr. Kuldeep Mathur Mr. Moti Singh Mr. Khet Singh Rajpurohit Mr. Arvind Vyas, Advocate, for the Petitioner; Mr. Digvijay Singh Jasol, AGC, for the Respondent

The court upheld the right of the petitioners to file appeals against the impugned demands and restrained the Mining and Geology Department from taking coercive action until the disposal of the appeals.

Headnote:
Mining and Geology Department - Excavation of mineral Bajri - Dismissal of writ petitions and liberty to file appeals
Fact of the Case:

The petitioners challenged the demand raised by the Assistant Mining Engineer, Mines and Geology Department for excavating mineral Bajri in excess of the bulk density mentioned in the license.
Finding of the Court:

The court dismissed the writ petitions as not pressed but granted the petitioners liberty to file appeals against the impugned demands. The Mining and Geology Department was directed not to take coercive action against the petitioners until the disposal of the appeals.
Issues: Challenge to demand raised by Mining and Geology Department, alternative remedy of filing appeals, liberty to file appeals, coercive action by respondent
Ratio Decidendi: The court allowed the dismissal of the writ petitions but granted the petitioners the liberty to file appeals and directed the respondent department not to take coercive action until the disposal of the appeals.
Final Decision: The writ petitions were dismissed, and the petitioners were granted liberty to file appeals against the impugned demands. The Mining and Geology Department was restrained from taking coercive action until the disposal of the appeals.

JUDGMENT

1. Theses writ petitions have been filed by the petitioners challenging the demand raised by the concerned Assistant Mining Engineer, Mines and Geology Department on the ground that the petitioners have excavated mineral Bajri (ctjh) carrying in excess of the bulk density SG/GM/CC mentioned in the license issued to them.

2. Mr. Digvijay Singh Jasol learned AGC appearing for the respondent - Mining and Geology Department has submitted that the petitioners have an alternate remedy to file appeals against the impugned demands. Learned AGC, upon instructions, has also submitted that in the event of filing appeals by the petitioners against the impugned demands, the respondent - Mining and Geology Department shall not take any coercive action against the petitioners till the disposal of the appeals filed by them.

3. In view of the above submissions made by learned AGC appearing for respondent - Mining and Geology Department, learned counsel for the petitioners have submitted that they don't want to press these writ petitions, however, seek liberty for the petitioners to file appeal before the appellate authority against the impugned demands.

4. Accordingly, these writ petitions are dismissed as not pressed. However, the petitioners are at liberty to file appeals against the impugned demands within a period of ten days from today. It is expected that the appellate authority shall decide those appeals within a period of ten days from the date of filing of those appeals.

5. Till the final decision of those appeals, the respondent-Mining and Geology Department shall not take any coercive action against the petitioners pursuant to the impugned demands.

6. Stay petitions also stand dismissed.

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