[2025:RJ-JP:28343] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17093/2010 M/s Raghu Bricks Through Bhullan Singh, Son Of Shri Raghuveer Singh, Village Khakavali, Tehsil Nagar, District Bharatpur Rajasthan ----Petitioner Versus 1. State Of Rajasthan Through Secretary, Department Of Mines And Geology, Secretariat, Jaipur 2. Deputy Secretary, Department Of Mines And Geology, Secretariat, Jaipur 3. Additional Director, Mines, Jaipur Zone, Jaipur 4. Mining Engineer, Alwar 5. Mining Engineer Recovery, Bharatpur ----Respondents For Petitioner(s) : Mr. Ashwani Chobisa For Respondent(s) : Mr. Rahul Lodha, AGC HON'BLE MR. JUSTICE AVNEESH JHINGAN Order 28/07/2025 1. This petition is filed aggrieved of dismissal of appeal and revision vide orders dated 07.10.2006 and 26.11.2010 dismissing the appeal and revision respectively. 2. The brief facts are that petitioner purchased a land for agricultural purposes. On the land adjacent to the purchased land a brick kiln was operating. The case set up was that the brick kiln was being run by the petitioner and vide order dated 27.03.2003 penalty equivalent to ten times the amount of royalty was imposed. Aggrieved of the penalty order, the appeal was filed. The appellate authority dismissed the appeal as not maintainable under Rule 43 of Rajasthan Minor Mineral Concession Rules, 1986 (for short ‘the Rules’). The revision filed meet the same fate. [2025:RJ-JP:28343] (2 of 2) [CW-17093/2010] 3. Learned counsel for the petitioner relies upon Rule 43 of the Rules prevalent at the relevant time and submits that the appeal against the levy of penalty was maintainable. 4. Learned counsel for the respondents is not in a position to contest the dispute in view of the clear language of Rule 43 of the Rules. 5. The provision of Rule 43 of the Rules relevant at that time is reproduced below:- “43. Appeal (1) Any person aggrieved by an order of Suptdg. Mining Engineer {Suptdg. Mining Engineer (vigilance)/Mining Engineer (vigilance)} /Mining Engineer or Assistant Mining Engineer passed under these rules in the following matters shall have the right of appeal to the Director:- (a) refusing the grant or renewal of mining lease, quarry license or grant of royalty collection contract; (b) cancelling or terminating mining lease or quarry license or royalty collection contract or forfeiting security deposit in whole on in part; (c) refusing to permit transfer or quarry license or mining lease (d) assessment of royalty; and **** ***** ***** ****” 6. From the perusal of the above, it is evident that appeal is maintainable against levy of penalty. Consequently, the orders of revisional authority and appellate authority are set aside. 7. The matter is remitted to the appellate authority to decide the appeal in accordance with law. 8. The petition is allowed. (AVNEESH JHINGAN),J Chandan/58