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2025 DAILYLAW 21260 (RAJ)

M/S SHIV BRICK COMPANY v. STATE OF RAJASTHAN

CW/9447/2025 · 2025-07-16

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:26473] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.9447/2025 M/s Shiv Brick Company, Through Its Proprietor Mahendra Singh Rathi, Having Its Address At Shiv Bricks Company, Village Bhimsinghpura, Behror-Neemrana, District Alwar, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Mines And Geology, Government Of Rajasthan Having Its Office At Secretariate, Jaipur. 2. Assistant Mining Engineer, Kotputli Having Its Address At Shyam Mandir Road, Kotputli, Rajasthan. ----Respondents For Petitioner(s) : Mr. Nitish Kumar Bagri JUSTICE ANOOP KUMAR DHAND Order 16/07/2025 1. The instant writ petition has been filed by the petitioner with the following prayer:- “(a) Direct the respondents to consider the case of petitioner under the Amnesty Scheme issued by State of Rajasthan and after consideration direct the respondents to let the petitioner operate its brick kiln. (b) Alternatively, if the case of petitioner is not considered under the Amnesty Scheme, the Hon'ble Court be please to direct the respondents to produce all documents pertaining to passing of the impugned penalty order dated 30.10.2019 and after perusal of the same be please to quash and set aside the penalty order. (c) Direct the respondents to not obstruct the operation of petitioner's brick kiln. (d) Any other order or directions, which this Hon'ble Court deems fit and proper, may kindly be passed in favor of the petitioner. (e) Cost of the writ petition may kindly be awarded to the petitioner.” [2025:RJ-JP:26473] (2 of 3) [CW-9447/2025] 2. By way of filing this writ petition, the petitioner is seeking directions against the respondents to consider his case for grant of benefit of Amnesty Scheme and allow him to operate the brick kiln. 3. Learned counsel for the petitioner submits that before approaching this Court, the petitioner submitted a detailed representation in the office of respondents on 26.03.2025, but inspite of passing of considerable time till date the said representation has not been decided by the respondents by passing a reasoned and speaking order, hence, the interference of this Court is warranted. Learned counsel submits that the last date of availing the benefit of Amnesty Scheme was 31.03.2025 and the petitioner has approached the respondents for getting the benefits of the aforesaid scheme prior to 31.03.2025. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Perusal of the record indicates that before approaching this Court, the petitioner has filed a detailed representation in the office of respondents way-back in the month of March, 2025, but till date the said representation has not been decided. It is expected from the respondents to decide the said representation of the petitioner by passing a reasoned and speaking order. 6. In view of above, the writ petition stands disposed of by issuing directions to the respondents to decide the representation of the petitioner (pending, if any), expeditiously as early as possible preferably within a period of four weeks from the date of receipt of certified copy of this order. [2025:RJ-JP:26473] (3 of 3) [CW-9447/2025] 7. Stay application as well as all applications (pending, if any) also stand disposed of. 8. Before parting with this order, it is made clear that this Court has not issued any order or direction to the respondents to decide the representation of the petitioners in a particular manner. They would be at liberty to decide the same strictly in accordance with law. (ANOOP KUMAR DHAND),J Karan/51