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2022 Supreme(Raj) 129

INDERJEET SINGH
Ashok Kumar Jain Son Of Shri Tara Chand Jain – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ashwani Kumar Chobisa Mr. Sandeep Singh Shekhawat Mr. R.S. Mehta, Sr. Counsel assisted by Ms. Pallavi Mehta, Advocate
For the Respondent:Mr. R.P. Singh, AAG Mr. Jaivardhan Singh Shekhawat, Advocate

JUDGMENT :

1. Counsel for the petitioners submitted that the issue involved in these writ petitions has been considered and decided by the Coordinate Bench of this court in the matter of M/s Kamlesh Metacast Pvt. Limited v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.13426/2020 decided on 25.06.2021) where in para Nos. 8, 9, 15, 16 & 17 it has been held as under:-

    "8. The said guidelines became part of the amendment made by the Central Government in the MMDR Act, 1957 w.e.f. 12.01.2015 and it was provided under the Mining Amendment Act that the composite license of mining as well as mining leases allotment shall be done exclusively by way of auction.

9. A perusal of the aforesaid provisions of the guidelines show that the said provisions are prospective in nature. Thus, after 30.10.2014 the applications could have been accepted by the State Government only by notifying in official gazette. However, the said guidelines do not in any manner restrict the pending applications, which were already considered and examined and land was already earmarked.

15. This Court further accepts the contention of the petitioner-company that the period from 30.11.2016 till the date of handing o

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