High CourtsDivision Bench(2022) 04 RAJ CK 0083

Shiva Corporation India Limited And Other vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 22 April 2022

HON’BLE JUDGES
Vijay Bishnoi, J · Madan Gopal Vyas, J
RESULT
Disposed Of
CASE NUMBER
DB Special Appeal Writ No. 1111 Of 2017, 471, 472, 473, 601, 602, 603, 604, 620, 669 Of 2018

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Judgment

5 paragraphs · 280 words

Learned counsel for the appellants Mr. Kuldeep Mathur,

Senior Advocate assisted by Mr. Ankur Mathur has submitted that the controversy involved in these appeals are set at rest by the Hon’ble Supreme Court in Special Leave Petition (Civil) No.10587 of 2019 passed in Bajri Lease Lol Holders Welfare Society Vs. The State of Rajasthan & Ors. decided on 11.11.2021 and, therefore, the matters may be remitted to the State Government to decide the cases of the appellants in the light of the order passed by the Hon’ble Supreme Court in Bajri Lease Lol Holders Welfare Society (supra) and the subsequent amendment brought by the State Government in Rule 5(4) of the Rajasthan Minor Mineral Concession Rules, 2017 vide Notification dated November 16th, 2021, pursuant to the order passed by the Hon’ble Supreme Court.

Mr. Sandeep Shah, learned AAG appearing on behalf of the respondents is not in a position to dispute the fact that the controversy involved in these appeals is more or less covered by the decision of the Hon’ble Supreme Court in Bajri Lease Lol Holders Welfare Society (supra).

In view of the above, these appeals are disposed of. The matters are remitted to the State Government for taking a decision afresh in the light of the judgment of the Hon’ble Supreme Court in Bajri Lease Lol Holders Welfare Society (supra) and the amendment carried out by the State Government in Rule 5(4) of Rajasthan Minor Mineral Concession Rules, 2017 vide Notification dated November 16th, 2021.

It is expected that the State Government shall decide the present cases afresh expeditiously preferably within a period of three months from the date of production of certified copy of this order.