RESHAM DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two petitions have been filed one by Husband Ishwar Lal and another by Smt. Resham Devi wife of Ishwar Lal. The case set up by Smt. Resham Devi is that for the alleged due of mining department against the mining lease given to her husband Ishwar Lal, the respondent mining department is not issuing NOC in her favour for transferring the mining lease in favour of third party, whereas, in the writ petition filed by her husband Ishwar Lal the very demand with respect to his own mining lease has been challenged and the recovery of the same has been stayed.

(2.) Learned counsel for the petitioner further submits that even the possession of the independent mining lease in favour petitioner Ishwar Lal has been taken over by the mining department and no such dues could be raised by the mining department and there is no question of withholding the NOC to petitioner wife Smt. Resham Devi for transferring her own independent mining lease.

(3.) Learned counsel for the respondent department justifies the impugned demand against the petitioner Ishwar lal. However, he is not in a position to point out any determination order which might have been passed by the assessing authority/mining engineer after giving an opportunity of hearing to the petitioner Ishwar Lal for raising of such dues, though a figure of Rs. 2 lacs and odd is stated to be due from said Ishwar Lal in the reply filed to the writ petition by Resham Devi.