HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, CJ, SANGEETA SHARMA, J.
Smt. Prem Devi, D/o Late Radheshyam Sharma - Appellant
Versus
State Of Rajasthan, Through Its Chief Secretary, Government Of Rajasthan- Respondent
D.B. Civil Special Appeal (Writ) No. 59 of 2023, S.B. Civil Writ Petition No.14519 of 2022, . D.B. Civil Writ Petition No. 4195 of 2025, D.B. Civil Writ Petition No. 15114 of 2016
Decided On : 13-01-2026
| Table of Content |
|---|
| 1. history of the cases and pivotal writ petitions. (Para 1 , 4) |
| 2. prayers and reliefs sought in the writ petitions. (Para 2 , 3) |
| 3. details regarding previous orders and appeals. (Para 5 , 10) |
| 4. legal status of the mining lease and conditions. (Para 12 , 15 , 20) |
| 5. court's rejection of abuse of process and affirming legitimate claims. (Para 19 , 26) |
| 6. final decision and order by the court. (Para 27 , 28) |
JUDGMENT :
SANJEEV PRAKASH SHARMA, CJ.
1. It would be apposite to note the checkered history relating to the aforesaid three cases, two of them, D.B. Civil Writ Petition No. 4195/2025 and D.B. Civil Writ Petition No. 15114/2016 were filed at the Principal Seat at Jodhpur before the Single Bench, while one writ petition bearing S.B. Civil Writ Petition No.14519/2022: Smt. Prem Devi Vs. State of Rajasthan and Ors. came to be decided at the Bench at Jaipur against which D.B. Civil Special Appeal No.59/2023 was filed and was pending at Bench at Jaipur. At the time when D.B. Civil Writ Petition No.4195/2025 was filed at Jodhpur, D.B. Civil Writ Petition No. 15114/2016 was already pending before the Principal Seat at Jodhpur.
2. To understand the controversy, it would be, therefore, necessary to note the prayers made in the three writ petitions which are as under:
In the S.B. Civil Writ Petition No.14519/2022: Smt. Prem Devi Vs. State of Rajasthan and Ors. (now before D.B. in appeal):
"It is, therefore, most humbly and respectfully prayed that your Lordships may very graciously be pleased to accept and allow this writ petition and call for the entire record of the case from the authorities concerned and further be pleased to;
a) By an appropriate writ order or direction in the nature thereof thereby, quash and set aside the impugned order dated 26.05.2015;
b) By an appropriate writ order or direction in the nature thereof thereby, quash and set aside the impugned order dated 02.02.2016;
c) By an appropriate writ order or direction in the nature thereof thereby, quash and aside the impugned order dated set 18.10.2021;
d) By an appropriate writ order or direction in the nature thereof thereby, quash and set aside the subsequent proceedings thereto with regard to lands in question situated in village Ramalyas, Tehsil Neem ka Thana, District Sikar:
e) By an appropriate writ order or direction in the nature thereof thereby, declare the Khatedari of the land admeasuring 7/1 admeasuring 2.72 hectare, khasra no.8/1 admeasuring 1.77 hectare, khasra no.304 admeasuring 3.65 hectare, 305/5 admeasuring 53.84 hectare, khasra no.306/1 admeasuring 22.57 hectare, khasra no.307 admeasuring 18.39 hectare, khasra no.308 admeasuring 27.86 hectare, khasra no.309 admeasuring 12.05 hectare khasra no.360 admeasuring 23.59 hectare, total 166.14 hectare situated in village Ramalyas, Tehsil Neem Ka Thana, District Sikar in absolute ownership, rights, title & possession in the name of initially seven Allottess and their legal heirs including the petitioner and further the land be entered in revenue record in their names as registered before passing of the impugned order dated 18.10.2021;
f) Any other appropriate order which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioners."
In S.B. Civil Writ Petition No.4195/2025: Geetanjali Steel Pvt. Ltd. Vs. The State of Rajasthan and ors. (now before the Division Bench.):
"It is, therefore, humbly prayed that this Hon'ble Court may kindly be pleased to allow the writ petition and:-
(i) By an appropriate writ, order or direction, the respondents may kindly be directed to modify the impugned condition iv of the sanction order dated 04.10.2023 (Annex-1) and the condition No.5 of the allotment order dated 31.07.2024 (Annex-2) to the extent that the petitioner will establish the Iron ore beneficiation and steel plant within a period of 2 years from the date of allotment order or the date of disposal of the writ petition being SBCWP No.15114/2016 (Ojaswi Marbles & Granites Pvt
The court upheld that parties lacking legitimate claims or authority cannot disrupt lawful mining operations, affirming pre-existing rights granted under legislated provisions.
There cannot be a collateral challenge to an order by a respondent in a writ proceeding instituted by a petitioner for implementation of such order.
The court ruled that claims over estate lands must be substantiated by evidence of continuous occupation before a specified date, and mining leases granted during disputes are valid.
The cancellation of the mining lease was found to be in accordance with the statutory provision of Rule 25(5) of the Orissa Minor Mineral Concession Rules, 2004.
The issuance of a mining lease without affording adequate opportunity for a hearing violates principles of natural justice.
The State Government's order revising the commencement date of renewal of the mining lease was illegal, absurd, and a colourable exercise of power by the State violating the Petitioners' rights under....
The court ruled that ownership disputes over land must be resolved in civil courts, not through administrative processes, emphasizing the illegality of the quarry lease granted without proper verific....
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