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2026 Supreme(Raj) 934
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Sanjeev Prakash Sharma, A.C.J., Maneesh Sharma, J.
Surendra Kumar Son Of Shri Keshar Dev - Petitioner
Versus
The State Of Rajasthan, Through Principal Secretary, Department Of Revenue - Respondent
D.B. Civil Writ Petition No.793 of 2020
Decided On : 06-07-2026
Important Points
Subject
Civil Law - Public Interest Litigation
Headnote
For the Petitioner: Mr.Dharam Veer Tholia, Adv. with Mr.Himanshu Tholia, Adv.
For the Respondent: Mr.Lokesh Sharma, Adv. with Ms.Anzum Praveen, Adv., Mr.Sankalp Vijay, AAAG with Ms.Monisha Agarwal, Adv.
| Table of Content |
|---|
| 1. state's responsibility to stop illegal mining and impose penalties. (Para 1 , 2 , 3) |
| 2. duty of regular lease holders to prevent illegal mining. (Para 4) |
| 3. closure of pil with liberty to re-approach the court. (Para 5 , 6) |
ORDER :
1. Learned counsel appearing for the petitioners submitted that in the present writ petition (PIL) they have raised an issue relating to illegal mining activities being conducted and encroachments being made on Derwala Pahadi, Gram Panchayat Derwala, District Jhunjhunu.
2. The respondents were issued notices and it was admitted that the illegal mining which was going on, have now been stopped. Action has also been taken against the concerned illegal mining and penalties have also been imposed.
3. It has also been assured that in the future too, there shall be no illegal mining allowed in the area and strict vigil shall be continued by the Mining Department.
4. We observe that apart from the above, it is also the duty of the concerned miners who have been allotted regular mining leases to see that no illegal mining is conducted in the area. Often, the persons who are granted mining leases, themselves indulge in additional illegal mining of the area, which if found, should result in cancellation of their lease deeds itself. In the future, if such activity is found, it will be open for the Mining Engineer to cancel the lease of the existing mining lease holders also.
5. With the said observation, we close the present Public Interest Litigation.
6. In case of any recurrence, the petitioners are always free to file fresh petition.
