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2025 DAILYLAW 47322 (RAJ)

KAILASH CHAND JAIN S/O SHRI PHOOL CHAND JAIN v. STATE OF RAJASTHAN

WMAP/439/2025 · 2025-11-10

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No.439/2025 In S.B. Civil Writ Petition No.12738/2025 Kailash Chand Jain S/o Shri Phool Chand Jain, Aged About 52 Years, Resident Of Kutti Mohalla, Tehsil Kaaman, District Bharatpur (Raj.). ----Petitioner Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Mines And Petroleum, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.). 2. Additional Director (Mines), Department Of Mines And Geology, Kota Zone, Kota (Raj.). 3. Mining Engineer, Department Of Mines And Geology, Bharatpur (Raj.). ----Respondents For Petitioner(s) : Mr. Anurag Sharma For Respondent(s) : Mr. Rahul Lodha, Addl. GC JUSTICE ANOOP KUMAR DHAND Order 10/11/2025 1. The matter comes up on an application No.439/2025 seeking clarification/modification of the order dated 08.09.2025 passed by this Court while deciding S.B. Civil Writ Petition No.12738/2025 by which the writ petition submitted by the petitioner was allowed and the orders passed by the Appellate Authority and the Mining Engineer were set-aside and the matter was remitted to the Mining Engineer to decide the matter afresh after affording due opportunity of hearing to the petitioner. (2 of 2) [WMAP-439/2025] 2. Learned counsel submits that while passing the aforesaid order, due to typographical error, the order passed by the Mining Engineer was not set-aside. Learned counsel submits that in fact when the entire matter has been remanded to the Mining Engineer for its fresh disposal, then under these circumstances, the order dated 08.08.2023 passed by the Mining Engineer be added in the order dated 08.09.2025 by treating the same as set-aside. 3. Learned counsel appearing on behalf of the respondents has no objection. 4. For the reasons stated therein, the instant misc. application stands allowed. 5. It is made clear that the order dated 08.08.2023 passed by the Mining Engineer also stands quashed and set-aside as this fact was not mentioned in the order dated 08.09.2025 passed by this Court owing to typographical error. 6. This order shall be treated as part and parcel of the order dated 08.09.2025 passed by this Court while deciding S.B. Civil Writ Petition No.12738/2025. (ANOOP KUMAR DHAND),J Karan/196