[2026:RJ-JP:4909]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2094/2026

1. M/s. Nand Lal Agarwal And Sons, P.o. Maonda (R.s.), Tehsil Neem-Ka-Thana, District Sikar (Rajasthan) Through Its Managing Partner Shri Shankar Lal Agarwal S/o Late Shri Nand Lal Agarwal, Aged About 70 Years, Residing At 230, Nemisagar Colony, Vaishali Nagar, Jaipur-302021 (Raj.).

2. Shankar Lal Agarwal S/o Late Shri Nand Lal Agarwal, Aged About 70 Years, Residing At 230, Nemisagar Colony, Vaishali Nagar, Jaipur-302021 (Raj.). ----Petitioners Versus

1. Additional Chief Secretary, Department Of Mines And Geology, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. Director, Department Of Mines And Geology, Government Of Rajasthan, Khaniz Bhawan, Shastri Circle, Udaipur, Rajasthan.

3. Mining Engineer, Department Of Mines And Geology, Government Of Rajasthan, Khaniz Bhawan, Udyog Bhawan, Tilak Marg, C-Scheme, Jaipur, Rajasthan.

4. Assistant Mining Engineer, Department Of Mines And Geology, Government Of Rajasthan, Kotputli, Rajasthan.

----Respondents For Petitioner(s) : Mr. A.K. Sharma, Sr. Adv., assisted by Mr. Karan Tibrewal HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

02/02/2026

1. The present writ petition has been filed with the following prayers:

“It is, therefore, most respectfully prayed that your lordships may be pleased to allow this writ petition and may further be pleased to:

(i) direct the respondents to declare the period starting from 31.07.1978 to 12.10.1983 as Dies Non and the said period be added in total period of mining lease of the petitioners proportionately;

(ii) in the alternative, direct the respondents to decide the representation dated 20.12.2025 filed by the petitioners within a timebound manner and till the decision of the same, respondents be directed to maintain status quo with respect to the area of mining lease of the petitioners;

(iii) issue any other appropriate relief which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the Petitioners;

(iv) allow the cost of the writ petition in favour of the Petitioners.”

2. Mr. A.K. Sharma, learned Senior counsel assisted by Mr. Karan Tibrewal, Advocate, submits that the primary grievance of the petitioners is that as they were deprived of the possession of the mining lease under question from 31.07.1978 to 12.10.1983, the said period be declared as “dies non” and the said period be added in total period of mining lease of the petitioners.

3. Learned Senior counsel further submits that for redressal of the said grievance, a representation dated 20.12.2025 has already been submitted by them in the Office of the Assistant Mining Engineer, Department of Mines and Geology, Government of Rajasthan, Kotputli, however, till date no decision on the same has been taken.

4. Learned Senior counsel further submits that the period of mining lease of the petitioners is due to expire today i.e., 02.02.2026 and thus, the respondents be directed to decide the representation already filed by the petitioners expeditiously and till any decision is taken with respect to the mining lease under question, status quo qua the same be maintained.

5. As the petitioners have already preferred a representation before the Assistant Mining Engineer, Department of Mines and Geology, Government of Rajasthan, Kotputli, without travelling into the merits of the matter this Court deems it just and proper to direct the respondents to decide the said representation of the petitioners by passing a reasoned and speaking order after affording an opportunity of hearing to the petitioners in accordance with law, as expeditiously as possible, preferably within a period of thirty days from today.

6. Considering the fact that the period of mining lease is due to expire today i.e., 02.02.2026 and the representation was filed on 20.12.2025 itself, the respondents are directed not to create any third party rights in respect to the mining lease in quest