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2025 DAILYLAW 9795 (RAJ)

DIGAMBAR DAYAL CHATURVEDI S/O SHRI MADAN LAL CHATURVEDI v. THE STATE OF RAJASTHAN

CW/5443/2025 · 2025-04-15

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:16116] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5443/2025 Digambar Dayal Chaturvedi S/o Shri Madan Lal Chaturvedi, Aged About 58 Years, R/o F-171, Mohan Nagar, Hindon City, District Karauli. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Mines And Geology Department, Government Of Rajasthan, Secretariat, Jaipur. 2. Secretary, Ministry Of Environment, Forest And Climate Change, Government Of India, New Delhi- 110003. 3. Secretary, Forest Department, Government Of Rajasthan, Secretariat, Jaipur. 4. The Mining Engineer, Mines And Geology Department, Near Zila Parishad Office And City Park, Khanij Bhawan, Karauli. 5. The Rajasthan State Pollution Control Board, Plot No. 14- 15, Meena Colony, Behind Jail, Sawai Madhopur Through Regional Officer. ----Respondents For Petitioner(s) : Mr.Vijay Pathak For Respondent(s) : Mr.C. S. Sinha Mr.Devesh Yadav Mr.Dev Yadav JUSTICE ANOOP KUMAR DHAND Order 15/04/2025 1. By way of filing this writ petition, a challenge has been led to the impugned notices dated 19.09.2024 & 23.01.2025 issued by the Mining Engineer, karauli and the Office order dated 20.12.2024 passed by the same Authority by which the petitioner has been called upon to deposit the dead rent. [2025:RJ-JP:16116] (2 of 2) [CW-5443/2025] 2. Admittedly, the aforesaid notices/ orders passed by the Mining Engineer are appealable under Rule 63 of the Rajasthan Minor Mineral Concession Rules, 2017 (for short, “the Rules of 2017”) and without availing the alternative statutory remedy contained under Rule 63 of the Rules of 2017, the petitioner has straightaway approached this Court, by way of filing this petition. 3. It is settled proposition of law that whenever alternative statutory remedy is available to a person, he cannot be allowed to by-pass the jurisdiction of said Authority. 4. On this count, the instant writ petition stands dismissed granting liberty to the petitioner to file appeal before the Authority concerned. In case, such appeal is preferred by the petitioner within a period of one month from today, it is expected from the Authority concerned to decide the same expeditiously as early as possible, preferably within a period of three months thereafter, ignoring the period of limitation. 5. Stay application and all applications (pending, if any)also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /40