HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Revision Petition No. 7/2021

1.

State Of Rajasthan, Through Pp

2.

Mining Engineer, Rajsamand

3.

Director, Mines And Geology Department, Udaipur

----Petitioners

Versus

Asha D/o Ramdev, Sanjay Colony, Bhilwara

----Respondent

For Petitioner(s)

:

Mr. D.S. Jasol.

For Respondent(s)

:

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

11/02/2021

Learned counsel for the petitioners submits that in a similar

nature revision petition wherein, the trial court had passed similar

order, the revision petition filed by the petitioner -State has been

decided by this Court by order dated 09.02.2021, wherein the

revision petition has been dismissed.

This Court in District Collector, Rajsamand V. Magana: S.B.

Civil Revision Petition NO.08/2021 decided on 09.02.2021, inter-

alia came to the following conclusion:-

“I have considered the submissions made by

learned counsel for the petitioner and have

perused the material available on record.

The provisions of Section 41(h) of the Act,

apparently would have no application, inasmuch

as, the challenge laid is to the show-cause notice

and admittedly against the show-cause notice,

except for appearing before the authorities, no

(2 of 2)

[CR-7/2021]

remedy has been provided under the Rules and as

such the plea raised in this regard has no

substance.

So far as the pecuniary jurisdiction of the

Court is concerned, admittedly based on the

quantum of demand raised in the notice, the

jurisdiction of the court cannot be challenged at

this stage and as such the plea raised in this

regard also has no substance.

Consequently, no case for interference in the

order impugned is made out. There is no substance

in the revision petition. The same is, therefore,

dismissed.”

In view of the submissions made, following the order in the

case of Magnu (Supra) the present revision petition is also

dismissed.

(ARUN BHANSALI),J

9-pradeep/-