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2026 DAILYLAW 9531 (RAJ)

SURENDRA KUMAR SON OF SHRI KESHAR DEV v. THE STATE OF RAJASTHAN

CW/793/2020 · 2026-07-06

Maneesh Sharma, Sanjeev Prakash Sharma

Public Interest Litigationbody2026

Judgment text

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[2026:RJ-JP:25178-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No.793/2020 URN: CW / 1406U / 2020 1. Surendra Kumar Son Of Shri Keshar Dev, Aged About 55 Years, R/o Village Raghunathpura, Tehsil And District Jhunjhunu (Raj.) 2. Ram Niwas Beniwal Son Of Shri Moti Ram, Aged About 72 Years, R/o Village Raghunathpura, Tehsil And District Jhunjhunu (Raj.) 3. Inder Singh Son Of Shri Berishal Singh, Aged About 64 Years, R/o Village Derwala, Tehsil And District Jhunjhunu (Raj.) 4. Karan Singh Modsara Son Of Shri Panna Ram, Aged About 62 Years, R/o Village Hanumanpura, Tehsil And District Jhunjhunu (Raj.) ----Petitioners Versus 1. The State Of Rajasthan, Through Principal Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur (Raj.) 2. District Collector, Jhunjhunu (Raj.) 3. S.D.M., Sub Division Office, Jhunjhunu (Raj.) 4. Tehsildar, Tehsil And District Jhunjhunu (Raj.) 5. Mining Engineer, Mines Department, Jhunjhunu (Raj.) 6. 7. Superintending Mining Engineer (Sme), Mining Department, Circle, Jaipur (Raj.) M/s. Meel Minerals, Derwala, Jhunjhunu through Suresh Kumar Meel S/o Goverdhan Singh, R/o Meel House, Near Air Strip, Kisan Colony, Jhunjhunu. ----Respondents For Petitioner(s) : Mr.Dharam Veer Tholia, Adv. with Mr.Himanshu Tholia, Adv. For Respondent(s) : Mr.Lokesh Sharma, Adv. with Ms.Anzum Praveen, Adv. Mr.Sankalp Vijay, AAAG with Ms.Monisha Agarwal, Adv. for State. HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE MANEESH SHARMA Order REPORTABLE 06/07/2026 1. Learned counsel appearing for the petitioners submitted that in the present writ petition (PIL) they have raised an issue [2026:RJ-JP:25178-DB] (2 of 2) [CW-793/2020] relating to illegal mining activities being conducted and encroachments being made on Derwala Pahadi, Gram Panchayat Derwala, District Jhunjhunu. 2. The respondents were issued notices and it was admitted that the illegal mining which was going on, have now been stopped. Action has also been taken against the concerned illegal mining and penalties have also been imposed. 3. It has also been assured that in the future too, there shall be no illegal mining allowed in the area and strict vigil shall be continued by the Mining Department. 4. We observe that apart from the above, it is also the duty of the concerned miners who have been allotted regular mining leases to see that no illegal mining is conducted in the area. Often, the persons who are granted mining leases, themselves indulge in additional illegal mining of the area, which if found, should result in cancellation of their lease deeds itself. In the future, if such activity is found, it will be open for the Mining Engineer to cancel the lease of the existing mining lease holders also. 5. With the said observation, we close the present Public Interest Litigation. 6. In case of any recurrence, the petitioners are always free to file fresh petition. (MANEESH SHARMA),J (SANJEEV PRAKASH SHARMA),ACTING CJ 34/Himanshu Soni