HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3696/2025 M/s Subhash Chand Mukesh Chand, Station Road, Bayana Through The Partner Smt. Kamlesh Bhadana, W/o Shri Atar Singh Bhadana, Aged About 60 Years, R/o Sagar Farm, Shergarh Bayana, District Bharatpur (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through The Secretary, Department Of Mines And Geology, Secretariat, Jaipur, (Rajasthan) 2. Principal Secretary, Government Of Rajasthan, Department Of Revenue (Group-3), Secretariat, Jaipur, (Rajasthan) 3. Director, Mines And Geology, Department Of Rajasthan, Ashok Nagar, Udaipur, (Rajasthan) 4. Assistant Mining Engineer, Department Of Mines And Geology, Rupbas, District Bharatpur, (Rajasthan) 5. Collector, Office Of Collector And District Magistrate, Bharatpur, (Rajasthan) 6. Superintendent Of Police, Bharatpur (Rajasthan) ----Respondents For Petitioner(s) : Mr. A.K. Sharma, Sr. Adv. with Mr. Rachit Sharma Mr. Madhav Dahich Mr. R.K. Agarwal, Sr. Adv. with Mr. Adhiraj Modi Mr. Ashwani Chobisa For Respondent(s) : Mr. Madhav Mitra, Sr. Adv. with Mr. Veerendra Singh Mr. Manoj Kumar and Mr. S.P. Singh Rajawat, Asstt. GC for Mr. G.S. Gill, AAG JUSTICE ANOOP KUMAR DHAND Order 21/05/2025 (2 of 4) [CW-3696/2025] 1. The instant writ petition has been filed by the petitioner with the following prayer: “a) direct to Respondents to provide the way for accessing the mining lease to carry out day to day mining operations in the existing mining lease granted by the Respondents and; b) direct the Respondents to register the Aam Rasta in lieu of the land the Petitioner want to surrender as mentioned in para 2(f) in accordance with the provisions of the Rajasthan Tenancy (Government) Rules, 1955 and; c) direct the Respondents to take all remedial action for removal of the hurdles and obstacles by anti- social elements in the use of existing right of way by the public at large including the Petitioner and; d) any order or direction passed by the Respondents during the pendency of this present Writ Petition which is to the prejudice of the Petitioner may also be kindly quashed and set-aside by this Hon'ble Court and; e)award the cost of the Writ Petition.” 2. By way of filing this writ petition, a direction has been sought against the respondents to provide way for accessing the leased mining area to carry out mining activities. 3. Learned counsel for the petitioner submits that the District Collector, Bharatpur has made a recommendation for providing way to the petitioner from the pasture land and the matter has been referred to the Principal Secretary, Revenue Department vide letter dated 01.01.2025 seeking approval of the said recommendation. Counsel submits that in-spite of passing of considerable time, till date, no decision has been taken by the Principal Secretary, Revenue Department. Counsel submits that certain miscreants are causing obstructions on the way in question, due to which the (3 of 4) [CW-3696/2025] petitioner is not in a position to carry out the mining operation and activities, hence, under such circumstances, interference of this Court is warranted. 4. Learned State counsel opposed the arguments raised by the counsel for the petitioner, but he is not in position to controvery the submissions made. 5. Heard and considered the submissions made at Bar and perused the material available on the record. 6. Perusal of the record indicates that the District Collector vide its letter dated 01.01.2025 has sought approval from the Principal Secretary, Revenue Department for opening a way on the land in question. The aforesaid letter is still pending for adjudication and approval, at the level of the Government and in-spite of passing of considerable time, till date, no final decision has been taken by the Principal Secretary for the reasons best known to him. 7. Looking to the controversy involved in the case, this Court deems it just and proper to dispose of the instant writ petition by issuing directions to the Principal Secretary, Revenue Department to take a final decision on the recommendation made by the District Collector, Bharatpur vide letter dated 01.01.2025 and pass a reasoned and speaking order, strictly in accordance with law. 8. The applicant would be at liberty to submit his objections and it is expected from the Principal Secretary, Revenue Department to consider the objections raised by the applicant and pass appropriate orders strictly in accordance with law, (4 of 4) [CW-3696/2025] expeditiously as early as possible, preferably within a period of 15 days from today. 9. With the aforesaid observations, the instant writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. 10. Before parting with this order, it is made clear that this Court has not issued any order or direction to the respondent No.1 to decide the matter in a particular way. He would be at liberty to decide the same strictly in accordance with law. (ANOOP KUMAR DHAND),J KuD/115