[2025:RJ-JP:37169] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12754/2025 Banwari Lal Goyal Son Of Shri Nand Kishore Goyal, Aged About 76 Years, Resident Of Tehsil Bonli, District Sawai Madhopur. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary To Government, Mines And Geology Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Director, Mines And Geology Department, Rajasthan, Udaipur. 3. Additional Director Mines, Khanij Bhawan, C-3 Tagore Nagar, Rawatbhata Road, Kota. 4. Superintending Mining Engineer, Khanij Bhawan, Super Market, Bharatpur. 5. Assistant Mining Engineer, Mines And Geology Department, Sawai Madhopur. ----Respondents For Petitioner(s) : Mr. Banwaril Lal Goyal, petitioner present in person For Respondent(s) : Mr. Rahul Singh Chouhan, OIC JUSTICE ANOOP KUMAR DHAND Order 12/09/2025 1. By way of filing this writ petition, a challenge has led to the impugned letter/notice dated 07.07.2025 and 28.07.2025 issued by the Assistant Mining Engineer, by which the petitioner has been called upon to deposit dead rent for the financial years 2024-25 and 2025-26. 2. The petitioner has put appearance in person. He submits that mining lease No.09/2000 was issued to the petitioner and [2025:RJ-JP:37169] (2 of 3) [CW-12754/2025] the same was effective till 31.05.2017, thereafter, he submitted an application for grant of consent to operate the mining lease, but the Rajasthan Pollution Control Board put a rider to get the consent application from the department. Counsel submits that owing to the rider put by the Pollution Control Board, the mining activities of the petitioner are not in operation, for which the petitioner has approached this Court by way of filing S.B. Civil Writ Petition Nos.2109/2020 and 26169/2018, wherein a direction has been issued to the respondents to not to take any coercive action against the petitioner. Petitioner submits that in-spite of above, the respondents have issued the impugned notice directing the petitioner to deposit the dead rent. Petitioner submits that when the mining lease of the petitioner is not in operation, he is not liable and responsible to pay the dead rent. 3. In the considered opinion of this Court, the orders passed by the Assistant Mining Engineer are appealable under the provision of the Rajasthan Minor Mineral Concession Rules, 2017, but without availing the alternative statutory remedy of filing appeal before the statutory Appellate Authority, the petitioner straightaway approached this Court by way of filing the instant writ petition. 4. It is settled proposition of law that whenever alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of said authority. 5. On this count alone, the instant writ petition stands disposed of granting liberty to the petitioner to file statutory [2025:RJ-JP:37169] (3 of 3) [CW-12754/2025] appeal against the impugned notices/orders passed by the Assistant Mining Engineer before the Statutory Appellate Authority. 6. In case, such appeal is preferred by the petitioner within a period of one week from the date of receipt of certified copy of this order, it is expected from the statutory Appellate Authority to decide the appeal expeditiously, as early as possible, preferably within a period of three weeks thereafter. 7. For a period of four weeks, no coercive action be taken against the petitioner. 8. Stay application and all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J KuD/14