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2025 Supreme(RAJ) 965

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
RAJENDRA – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
Mr. Sanjay Bishnoi, Mr. Vikram Rajpurohit, Dy.GA, Mr. R.S. Bhati, AGA

Order :

1. A Dumper bearing No.RJ-19-GH-9609 was allegedly found stealthily quarried/mined sand. Allegation also is that it was un-authorizedly quarried/mined without any valid permission of sanction from the competent authority. The said offending vehicle is sought to be released on Superdari through instant petition.

2. Learned counsel for the parties are in agreement that the controversy involved in the present case is squarely covered by the judgment passed by the Coordinate Bench of this Court is similar circumstance in the case of Kishore Singh Vs. State of Rajasthan : (2021) 0 Supreme (Raj.) 139 The Coordinate Bench opined thus:-

“25. This Court, on a careful examination of the precedent laws in an intricate manner, finds that the precedent laws of Sunderbhai Ambalal Desai & Ors. Vs. State of Gujarat (supra) and Adhikshak Rashtriya Chambal Abhyaran Vs. Narottam Singh (supra), as laid down by the Hon’ble Supreme Court, shall govern the field, and thus, the vehicles seized under the Mining Law and the forest law, shall be released, upon charging the compensation/compounding fee or without charging the compensation/compounding fee, only and only, if the confiscation proceedings

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