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S.B.C.W. NO. 2899/2008
Bharat Nawal Vs. State of Rajasthan and Others
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
ORDER
S.B.CIVIL WRIT PETITION NO. 2899/2008
Bharat Nawal
Vs.
State of Rajasthan and Others
Date of Order :: 01.05.2009
HON'BLE MR. JUSTICE H.R. PANWAR
Mr. P.S.Chundawat for the petitioner.
Mr. R.K.Soni, Addl. Govt. Counsel for the respondents.
BY THE COURT
Learned counsel for the petitioner submits that
the controversy involved in the instant writ petition stands
concluded by the decision of this Court in S.B.Civil Writ
Petition No.5894/2005 “Sanjay Sukhadia Vs. State of
Rajasthan and Ors.” and four other writ petitions decided on
28.5.2008.
Mr. R.K.Soni, Additional Govt. Counsel appearing
for the respondents submits that the instant writ petition is
squarely covered by the order of this Court passed in S.B.Civil
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S.B.C.W. NO. 2899/2008
Bharat Nawal Vs. State of Rajasthan and Others
Writ Petition No.5894/2005 “Sanjay Sukhadia Vs. State of
Rajasthan and Ors.” and therefore, this writ petition may also
be allowed in terms of the order passed by this Court in
Sanjay Sukhadia’s case.
In this view of the matter, the writ petition is
allowed in terms of the order passed by this Court in S.B.Civil
Writ Petition No.5894/2005 “Sanjay Sukhadia Vs. State of
Rajasthan and Ors.” decided on 28.5.2008 and it is held
that :-
(1)The State is bound to proceed as per the Granite Policy,
2002 and is restrained from granting mining lease in the
Government land unless the Government identifies,
delineates and notifies the mine in the area by making
efforts for exploring the granite from their own officers as
required by proviso to clause (1) of the Granite Policy,
2002.
(2)exploration of granite by private individual only in
accordance with the provisions under the Granite Policy,
2002, when any individual may become entitled to allotment
of mining lease under Granite Policy, 2002, then he can be
granted mining lease to the extent of his entitlement after
carving out the plot for which lease can be granted and to
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S.B.C.W. NO. 2899/2008
Bharat Nawal Vs. State of Rajasthan and Others
the extent of the area as provided under the Granite Policy,
2002.
(3)the State Government is directed to work out where and
how to survey the granite in the Government land and how
much area be made available for grant of mining lease for
excavation of granite so that proper reservation of the plots
may be made in accordance with the Granite Policy, 2002.
(4) No order as to costs.
(H.R. PANWAR), J.
Rp
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S.B.C.W. NO. 2899/2008
Bharat Nawal Vs. State of Rajasthan and Others
S.B.Civil Misc. Stay Petition No. 5323/2008
In
S.B.Civil Writ Petition No. 2899/2008
Date of Order :: 01.05.2009
HON’BLE MR. JUSTICE H.R. PANWAR
Mr. P.S.Chundawat for the petitioner.
Mr. R.K.Soni, Addl. Govt. Counsel for the respondents.
Since the writ petition itself has been allowed, the
stay petition stands disposed of.
(H.R. PANWAR), J.
Rp