Satish Chandra Gupta vs State of Rajasthan

Mohammad Rafiq, J.—This writ petition has been filed by the petitioner against the order dt 17.01.2013 by which the mining licence for excavation of sand to construct the brick has been granted to M/s. Radha Krishan Ent Udhyog and the order dt. 07.03.2013 by which such license has been granted to M/s. J.R. Bricks Udhyog. Contention of the counsel for petitioner is that three persons originally set up the firm in the name and style of M/s. Radha Krishan Ent Udhyog. Mining permission was originally granted to that firm in respect to excavation of the sand but one of the persons i.e. Subhash Chand Goyal - respondent No. 4 without information to the petitioner and without their knowledge, applied for new license in the name of M/s. J.R. Bricks Udhyog, which was allowed by the respondent department vide order dt. 17.01.2013. Respondent No. 4 made one paper publication on 78/2/2013 (sic) informing the surrender of license of M/s. Radha Krishan Ent Udhyog. The bricks manufacturing is still going in the land of Khasra No. 3070 and 3071, which is covered by the originally granted license to M/s. Radha Krishan Ent Udhyog.

Shri Zakir Hussain, learned Additional Government Counsel opposed the writ petition and argued that against the orders dt. 17.01.2013 (Ann.6) and 07.03.2013 (Ann.12) passed by the Mining Engineer, an appeal is provided to be filed before the Director (Mines).

There is no interim order. In the circumstances, instead of directly entertaining the present writ petition, the petitioners are directed to avail the remedy of appeal. Appeal would be heard and decided within three months from the date, same is filed before the Director (Mines). The appeal be now filed within three weeks. With that direction, the writ petition is disposed of.