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2025 DAILYLAW 29079 (RAJ)

DEEPAK SINGH, S/O LATE SHRI GIRDHARI SINGH v. STATE OF RAJASTHAN

CW/13217/2025 · 2025-09-09

Sameer Jain

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.13217/2025 Deepak Singh, S/o Late Shri Girdhari Singh, Aged About 28 Years, R/o Village Tatera, Tehsil Shrimadhopur, District Sikar, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Mines And Geology, Government Of Rajasthan, Secretariat, Jaipur (Rajasthan). 2. The Director, Department Of Mines And Geology, Government Of Rajasthan, Khanij Bhawan, Shastri Circle, Udaipur (Rajasthan). 3. Superintending Mining Engineer, Department Of Mines And Geology, 5Th Floor, Khanij Bhawan, Tilak Marg, C- Scheme, Jaipur (Rajasthan). 4. The Mining Engineer, Department Of Mines And Geology, Govt. Of Rajasthan, Opposite Hotel Ashoka, Road No.2, Jhunjhunu (Rajasthan). ----Respondents For Petitioner(s) : Mr. Karan Tibrewal For Respondent(s) : Mr. Rahul Lodha, Addl. GC JUSTICE ANOOP KUMAR DHAND Order 09/09/2025 1. Aggrieved by the impugned order dated 23.08.2024 and notice dated 27.08.2024, the petitioner has approached this Court by way of filing instant writ petition. 2. Learned counsel for the petitioner submits that a representation against the aforesaid notice and order was submitted by the petitioner before the respondents, but till date (2 of 2) [CW-13217/2025] they have not decided it on merits for reasons best know to them, hence, interference of this Court is warranted. 3. Admittedly, the order impugned is revisable under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short “the Act of 1957”) and the Rules framed thereunder. Instead of availing the alternative statutory remedy of filing revision petition before the revisional authority, the petitioner has approached this Court straightaway bypassing the jurisdiction of the revisional authority. 4. In the considered opinion of this Court, whenever any alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of the said authority. 5. On this count alone, the writ petition stands disposed of granting liberty to the petitioner to file revision petition before the revisional authority against the impugned order/notice issued by the respondents. 6. Needless to observe, in case, such revision petition along- with stay application is submitted by the petitioner within a period of two weeks from today, it is expected from the authority concerned to decide the same expeditiously as early as possible within a period of four weeks thereafter strictly in accordance with law by passing a reasoned and speaking order. 7. Stay application as well as all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/31