SURANA MINERALS PVT LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners challenging the legality of notification dated 10.3.19 issued by the Department of Mines, Government of Rajasthan, in exercise of the power conferred by Rule 82 of Rajasthan Minor Mineral Concession Rules, 2017 ('the Rules of 2017'), whereby on recommendation of Department of Industry to protect the domestic industries and in public interest, the transportation of mineral feldspar in the form of grains, chips and gitti out of the State has been restricted for a period upto 4.10.21. In some of the petitions, vires of Rule 82 of the Rules of 2017 and legality and propriety of notification dated 5.10.18 issued by the State Government restricting the transportation of mineral feldspar in lumps out of the State for a period of three years, are also impugned.

(2.) Out of these petitions, some of the petitions initially filed before the learned Single Judge of this Court and some of the petitions filed at Jaipur Bench of this Court, all were directed to be heard together by the order of the Chief Justice passed on an application preferred on behalf of the State under Rule 54 of the Rajasthan High Court Rules. Accordingly, all the petitions were placed before us for hearing and disposal together.

(3.) To appreciate the controversy, a brief narration of the facts is quintessential and for this purpose, the facts of Writ Petition No.4101/19, which was argued before us as a lead case, are taken into consideration.