[2025:RJ-JP:27554] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.11048/2025 Shri R.R. Minerals, Partner Ashfaq Mohammed, Aged About 64 Years, Resident Of Nimbarigate Talai Mohalla Jhalrapatan, District Jhalawar (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Chief Secretary, Secretariat, Jaipur (Raj.) 2. Principal Secretary, Department Of Mines And Petroleum, Secretariat, Jaipur (Raj.) 3. Superintendent Mining Engineer, Department Of Mines And Geology, Kota Circle, Kota, Khanij Bhawan Plot No. 3, Tagore Nagar, Rawatbhata Road, Kota (Raj.) 4. Assistant Minerals Engineer, Department Of Mines And Geology, Jhalawar, Room No. 156, Ground Floor, Mini Secretariat, Jhalawar (Raj.) ----Respondents For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Rahul Lodha, AAG JUSTICE ANOOP KUMAR DHAND Order 23/07/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 13.05.2025 by which mining lease of the petitioner has been cancelled. 2. The aforesaid order passed by the Mining Engineer is appealable under Rule 63 of the Rajasthan Minor Mineral Concession Rules, 2017 (for short “the Act of 2017). [2025:RJ-JP:27554] (2 of 2) [CW-11048/2025] 3. Without availing the alternative statutory remedy of filing an appeal, the petitioner has straightaway approached this Court by way of filing this writ petition. 4. It is settled proposition of law that whenever alternative statutory remedy of filing an appeal is available to a person, he cannot be allowed to bypass the jurisdiction of the said Authority. 5. On this count alone, the instant writ petition stands disposed of granting liberty to the petitioner to approach the Appellate Authority by way of filing an appeal. 6. In case, any appeal is submitted by the petitioner before the Appellate Authority within a period of two weeks from today, the Appellate Authority is expected to hear and decide the same on its merits after affording opportunity of hearing to all the respective parties, expeditiously as early as possible, preferably within a period of four months thereafter, ignoring the period of limitation. In case, any stay application is submitted by the petitioner, the same would be decided by the Appellate Authority expeditiously. 7. Stay application and all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/46