SRIRAM TIWARI S/O SHRI RAMCHARAN SHARMA v. STATE OF RAJASTHAN
CW/6924/2025 · 2025-07-01
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 17295 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17295 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:23999] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6924/2025 Sriram Tiwari S/o Shri Ramcharan Sharma, Aged About 71 Years, R/o Village Khan Surjapur, Tehsil Roopwas, District Bharatpur (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Its Secretary, Department Of Mines And Geology, Secretariat, C-Scheme, Jaipur, Rajasthan.
2. Director Mines And Geology Department, Govt. Rajasthan, Udaipur.
3. Assistant Mining Engineer, Mines And Geology Department, Roopwas, District Bharatpur.
4. Tehsildar Roopwas, District Bharatpur. ----Respondents For Petitioner(s) : Mr.Zakir Hussain JUSTICE ANOOP KUMAR DHAND
Order 01/07/2025
1. The instant writ petition has been preferred with the following prayer:-
“It is, therefore, prayed that this writ petition may kindly be allowed, and this Hon’ble Court pleased to call for the entire record of the case and: (a) By issuance of appropriate writ, order or directions in the nature thereof, the communication dated 03.03.2025 (Annexure 1) and Mauka Inspection report dated 28.02.2025 (Annexure 3) may kindly be quashed and set- aside and the respondent mining department and revenue department may kindly be directed to conduct joint re-demarcation with proper equipment and with fixed FRP in presence of the
[2025:RJ-JP:23999] (2 of 3) [CW-6924/2025] petitioner or his authorized personnel with use of ETS Machine of the Land Settlement Department. (b) By issuance of appropriate writ, order or directions in the nature thereof, respondent be
directed to not to create any hindrance in mining activities in the sanctioned mining lease no.198/2002 of the petitioner. (c) Any other writ order or direction which may be deemed proper in the facts and circumstances of the case may also be issued in favour of petitioner.”
2. By way of filing the instant writ petition, the petitioner is seeking direction against the respondents for conducting joint demarcation of the area where the mining activities are conducted.
3.
Learned counsel for the petitioner submits that with regard to the aforesaid prayer, on earlier occasion also the petitioner approached this Court by way of filing S.B. Civil Writ Petition No.14577/2024 and the same was disposed of by this Court vide
order dated 09.09.2024 by issuing directions to the respondent No.2, i.e., Director Mines and Geology Department, Government of Rajasthan, Udaipur to consider the application of the petitioner and decide the same expeditiously within a period of three months from the receipt of the certified copy of this order. Counsel submits that pursuant to the aforesaid order, an application was submitted on 19.09.2024, but in spite of passing of considerable time, till date, no effective action has been taken. Counsel submits that the authorities are simply making communication and correspondence with each other, but till date, no fruitful exercise has been done, hence, interference of this Court is warranted.
[2025:RJ-JP:23999] (3 of 3) [CW-6924/2025]
4. Heard and considered the submissions made at Bar and perused the material available on record.
5. Perusal of the order dated 09.09.2024 passed by this Court indicates that the earlier writ petition submitted by the petitioner contained the similar prayer and the same was disposed of with clear and specific directions to the respondent No.2 to decide the application of the petitioner in accordance with law and specific timeline was assigned for deciding the application within a period of three months, but in spite of passing of considerable time, till date, nothing has been done towards compliance of the aforesaid
order.
6. Keeping in view the entire facts and circumstances of the present case, the instant writ petition stands disposed of with directions to the respondents to decide the application submitted by the petitioner in compliance of the order dated 09.09.2024 passed by this Court expeditiously, as early as possible within a period of six weeks from the date of receipt of certified copy of the
order.
7. Before parting with this order, it is made clear that if the application submitted by the petitioner is not decided by the respondents in terms of the order dated 09.09.2024 passed by this Court, appropriate action for initiation of the contempt proceedings would be taken against them.
8. Stay application and all pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /7