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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. CIVIL WRIT PETITION NO.1291/2007

Meharuddin vs. State & Ors.

DATE OF ORDER

:

:

06/12/2013

HON'BLE MR. JUSTICE MOHAMMAD RAFIQ

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Smt. Naina Saraf for the petitioner

Shri Zakir Hussain, Addl. Govt. Counsel for the respondents.

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Learned counsel for the parties agree that the

controversy raised in this petition is covered by the

judgement of this Court in S.B. Civil Writ Petition

No.1288/2007, Mehruddin vs. State & Ors. decided on

22.4.2011.

The present writ petition is also allowed in the light of

aforesaid judgeent. The order passed by the Superintending

Mining Engineer dated 28.4.2003, the order of the Addl.

Director, Mines dated 5.9.2005 and the order of the Deputy

Secretary, Mines dated 25.9.2006 are set aside and the

application of the petitioner submitted for grant of mining

lease stands revived. It is further directed that the

application submitted by the petitioner before the

Environment Department for environmental clearance be

treated as pending and be decided in accordance with law

within three months. On the clearance being granted, the

application for grant of mining lease be considered by the

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Mining Engineer for grant of mining lease who shall take a

decision in accordance with law as per the existing rules. In

case environmental clearance is not granted the order to that

effect would be conveyed to the Mining Engineer about the

same and the application submitted by the petitioner would

stand rejected as a consequence thereof.

(Mohammad Rafiq),J.

RS/7

All corrections made in the judgement/order have been incorporated in the judgement/order

being emailed. (Ravi Sharma,P.A.)