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RAJASTHAN HIGH COURT
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
[ALTERNATE REMEDY] - [MINING LAW] - [The court addressed the issue of the petitioners challenging demands related to mineral excavation, emphasizing the availability of an alternate remedy through appeals. The court highlighted that the Mining and Geology Department would refrain from coercive actions during the appeal process, thereby ensuring the petitioners' rights while upholding procedural fairness.]
Fact of the Case:
The petitioners filed writ petitions contesting demands from the Mining and Geology Department regarding the excavation of mineral Bajri, which allegedly exceeded the licensed bulk density.
Finding of the Court:
The court found that the petitioners had an alternate remedy available through appeals against the demands and noted the respondent's assurance not to take coercive action during the appeal process.
Issues: Whether the petitioners should be allowed to challenge the demands through writ petitions or if they should pursue the available alternate remedy of filing appeals.
Ratio Decidendi: The court determined that the existence of an alternate remedy through appeals precluded the need for writ petitions, reinforcing the principle that parties should exhaust available remedies before seeking judicial intervention.
Result: The writ petitions were dismissed as not pressed, granting the petitioners the liberty to file appeals within ten days, with a directive for the appellate authority to decide the appeals expeditiously.
JUDGMENT
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.
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.
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.
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.
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.
Stay petitions also stand dismissed.
AI
The court established that when an alternate remedy is available, parties must pursue that remedy before resorting to writ petitions, ensuring adherence to procedural norms.
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 appea....
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