[2025:RJ-JP:35647-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 13670/2025 M/s Shri Shiv Shankar Infra Royalty Pvt Ltd, Having Its Registered Office At No. 142, Hanuvant B B.j.s. Colony, Jodhpur, Through Director Sh. Sawaisingh, S/o Sh. Polsingh, R/o Gadi Champawat, Jaisalmer, Rajasthan- 345021. ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Department Of Mines And Geology, Government Of Rajasthan, Government Secretariat, Jaipur. 2. The Director, Department Of Mines And Geology, Khanij Bhawan, Udaipur. 3. Assistant Mining Engineer, Department Of Mines And Geology, Sawar (Ajmer ), Rajasthan. ----Respondents For Petitioner(s) : Mr. Sandeep Singh Shekhawat, Adv. with Mr. Akshay Dutt Sharma, Adv. For Respondent(s) : Mr. Bharat Vyas, AAG assisted by Mr. Jaivardhan Joshi, Adv. & Mr. Lalit Bhardwaj, Adv. HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order 04/09/2025 1. Defects pointed out by the Registry are waived. 2. Vires of Rule 44(16) of the Minor Mineral Concession Rules, 2017 has been challenged in the writ petition. 3. The writ petitioner has royalty contracts as per which they have to pay a fixed amount and are authorized to collect royalty for ‘bajari’. On directions issued by the Hon’ble Supreme Court in November mining of ‘bajari’ has been stopped. The Rules in [2025:RJ-JP:35647-DB] (2 of 2) [CW-13670/2025] question which finds a reflection in the contract requires the guaranteed royalty amount to be paid notwithstanding suspension of excavation of ‘bajari’. 4. Both the counsels are ad idem that the issue raised in the present petition is a subject matter of examination before the Hon’ble Supreme Court in Civil Appeal No.3604-3605/2018. 5. It is also noticed that there is an interim order passed by the Hon’ble Supreme Court on 02.04.2018 directing no coercive steps to be taken by the State till disposal of the SLP No. 34003/2016 in Civil Appeal No.3604-3605/2018. 6. Considering that the issue has to be finalized and crystallized only by the judgment of the Hon’ble Supreme Court, we would refrain from making any observations relating to the issue raised before us and leave it open for final adjudication of the judgment passed by the Hon’ble Supreme Court. 7. However, considering the interim order passed by the Hon’ble Supreme Court, we restrain the respondents from taking any coercive steps against the writ petitioner, till the disposal of the Civil Appeal No.3604-3605/2018. 8. The present Civil Writ Petition is accordingly, disposed of. 9. All pending application(s), if any, stand disposed of. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J HEENA/MAHIMA/196