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2022 Supreme(Raj) 50

PUSHPENDRA SINGH BHATI
Atlantic Ceramics, Through Proprietor Rafik Khan S/o. Shri Muzaffar Khan – Appellant
Versus
State of Rajasthan, Through Secretary Mines and Geology Department, Secretariat, Jaipur – Respondent


Advocates Appeared:
For the Appellant : Arvind Shrimali.
For the Respondents: Digvijay Singh Jasol, Dy. GC.

ORDER :

Pushpendra Singh Bhati, J.

1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. Learned counsel for the petitioner submits that the petitioner had an original lease of mineral Quartz and Feldspar, to which, he applied for inclusion of granite mineral, which was included.

3. Learned counsel for the petitioner submits that without furnishing any reason, any notice or any opportunity of hearing and without complying with the basic parameters of natural justice, an adverse order has been passed on 14.09.2018.

4. Learned counsel for the petitioner has relied upon the judgment rendered by this Hon'ble Court in Ramesh Gurjar v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 11521/2018) on 02.01.2019. The operative portion of the judgment reads as under:

    "7. Indisputably, the petitioner was granted the mining lease under the provisions of Mineral Concession Rules, 1960, as at the relevant time, the minerals Quartz and Feldspar were categorised as major mineral and thus, the provisions of Rule 7 of the Rules of 1986, had no ap

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