HANUMAN SAHAI JAT S/O LATE SHRI CHITARMAL JAT v. STATE OF RAJASTHAN
CW/4513/2022 · 2025-07-22
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 10770 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10770 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:27267] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4513/2022 Hanuman Sahai Jat S/o Late Shri Chitarmal Jat, Aged About 65 Years, Jaton Ki Dhani, Village Bilochi, Government Of Rajasthan, Govt. Secretariat Jaipur. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Mines And Petroleum, Government Of Rajasthan, Govt. Secretariat Jaipur.
2. Mining Engineer, Department Of Mines And Geology Jaipur Circle, Khanij Bhawan, Udyog Bhawan, Tilak Nagar, Jaipur.
3. Member Secretary, Rajasthan Pollution Control Board-4, Jhalana Institutional Area, Jhalana Dungri, Jaipur.
4. Principal
Secretary
Environment
Department, Government Of Rajasthan, Government Secretariat Jaipur.
5. District Collector, Jaipur District Jaipur.
6. Station House Officer, Police Station, Daulatpura, District Jaipur.
7. Smt. Geeta Devi W/o Om Prakash Agarwal, 24, Gatore Path, Ram Nagar, Sodala Jaipur Lease No. 167/95 And 168/95.
8. Harishankar Agarwal S/o Indra Chand Agarwal, T-2, Shanti Path, Sanjay Colony Jaipur.
9. M/s. Shakambhari Stone Crusher 108, Vaishali Nagar, Jaipur. ----Respondents For Petitioner(s) : Mr. Balu Lal Sharma For Respondent(s) : Mr. Rahul Lodha-AGC JUSTICE ANOOP KUMAR DHAND
Order 22/07/2025
1. The instant writ petition has been filed by the petitioner with the following prayer:-
[2025:RJ-JP:27267] (2 of 3) [CW-4513/2022]
“a) By an appropriate writ of order direction in the nature thereof, thereby the respondent authorities may kindly be directed to stop mining operations and blasting being done in the mining lease of village Blochi Tehsil Amer District Jaipur in mining Lease No.85, 86, 87 and 97 as per map and restraining the mining holders not to do mining operations at the risk of the petitioner his family, cattle(s) and other villagers. b) Any other order or direction, which this Hon'ble Court may deem fit and proper, be also passed in favour of the petitioner. c) Cost of the writ petition may be awarded to the petitioner.”
2. By way of filing this writ petition, the petitioner is seeking direction against the respondents to stop mining operations and blasting being done in the mining area at Village Blochi, Tehsil Amer, District Jaipur in mining lease Nos. 85, 86, 87 and 97 and further directions for restraining the mining lease holders to conduct mining operations at the risk of the petitioner and his family, cattle and other villagers. 3. At the outset, counsel for the respondent-State apprised this Court that the mining lease of the aforesaid area was granted in favour of the mining lease holder way back in the year 1997 and since then they have been carrying out those mining operations. Counsel submits that the petitioner has started residing in the vicinity of the mining area hardly five years back. Counsel submits that the petitioner has not challenged any of the mining lease executed in favour of the lease holder, hence, this petition is not maintainable and is liable to be rejected on this count. Counsel submits that the Mines Act, 1952 (for short, ‘the Act of 1952’)
[2025:RJ-JP:27267] (3 of 3) [CW-4513/2022] deals with the entire provisions and procedure relating to mining activity, and after considering the provisions contained under the Act of 1952, the permission was granted by the Department of Mines Geology in favour of the lease holder for operating the mining activity on the subject land, hence interference of this Court is not warranted. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5.
Considering the arguments raised by counsel for the respondent-State and looking to the fact that no challenge has been made by the petitioner against the mining lease executed in favour of the lease holder, this petition is not maintainable and is liable to be and is hereby rejected. 6. However, it is expected from the Department of Mines, in case any complaint/representation is submitted by the petitioner on the count that the citizens residing in the nearby area are at risk due to blasting in mining operations, the matter would be looked into strictly in accordance with law and provisions under the Act of 1952, the Rajasthan Minor Mineral Concessions Rules, 2017 and other rules formulated therein, and appropriate orders and directions would be passed by passing reasoned and speaking
order.
7. The present writ petition stands dismissed, accordingly. Stay application and all pending application(s), if any, also stands dismissed.
(ANOOP KUMAR DHAND),J Ashu/17