HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Writ Misc Application No. 400/2024 1. Nirma Limited, Having Its Registered Office At Nirma House, Ashram Road, Nr. Income Tax Circle, Ahmedabad And One Of Its Manufacturing Unit At Village Nimbol, Tehsil Jaitaran, District Pali, Rajasthan. 2. Shri Rakesh Karsanbhai Patel, A Share Holder Of Nirma Limited, Residing At Nirma Farms, S.g. Highway, Makarba, Ahmedabad-380058, Gujarat. 3. Nuvoco Vistas Corporation Limited, Nimbol Cement Plant, Tehsil Jaitaran, District Pali, Rajasthan Having Its Registered Office At Equinox Business Park, Tower-3, East Wing, 4Th Floor, Off Bandra-Kurla Complex, Lbs Marg, Kurla (West), Mumbai-400070 Through Its Authorized Signatory Amit Pidiha S/o Shri Dr. Sachchidanand Kumar Pidiha, Aged About 55 Years, Working As Plant Manager At Nimbol Cement Plant, Tehsil Jaitaran, District Pali, Rajasthan. ----Petitioners Versus 1. The State Of Rajasthan, Through The Principal Secretary, Mines And Petroleum Department, Govt. Of Rajasthan, Having Its Office At Secretariat, Jaipur At Rajasthan. 2. Director, Mines And Geology, Government Of Rajasthan, Khanij Bhawan, Udaipur-313001. 3. Superintending Mining Engineer, H.q. Ii, Udaipur, Mines And Geology Department, Government Of Rajasthan, Khanij Bhawan, Udaipur-313001. ----Respondents For Petitioner(s) : Mr. Vikas Balia, Sr. Advocate assisted by Mr. Sachin Saraswat For Respondent(s) : Mr. Harshwardhan Singh for Mr. Mahaveer Bishnoi JUSTICE DINESH MEHTA Order 10/01/2025 1. The present application has been filed seeking modification/correction in the order dated 24.09.2024 passed by this Court in S.B. Civil Writ Petition No.6784/2018. (2 of 2) [WMAP-400/2024] 2. Mr. Balia, learned senior counsel submitted that earlier the position of law was that merger or amalgamation does not amount to transfer but vesting or transferring of property by operation of law. But the Division Bench judgment of this Court in the case of State of Rajasthan & Anr. vs. Ultra Tech Cement Limited & Anr. has held that merger or amalgamation amounts to vesting/transfer. 3. He submitted that the petitioners’ contention has not been noted in correct perspective inasmuch as petitioner’s contention has been that the amalgamation or merger amounts to transfer/vesting. He prayed that the order dated 24.09.2024 be accordingly modified. 4. Mr. Mahaveer Bishnoi, learned counsel for the respondents – State does not oppose the aforesaid contention. 5. The application is, therefore, allowed. It is hereby ordered that petitioners’ contention mentioned in para no.3 so also the observation made by this Court in para no.6 of the order dated 24.09.2024 shall be read in a manner that amalgamation or merger amounts to transfer/vesting of LoIs and PL. (DINESH MEHTA),J 95-Arun/-