KAMLESH METACAST PVT LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Brief facts as set out by the petitioner-company which are relevant for the purpose of adjudication of the issue involved in the present writ petition are being referred as under:-

(2.) It is after this stage that the matter has come up before this Court.

(3.) Learned Senior Counsel appearing for the petitionercompany has strongly objected to the order passed by the Department dated 15.10.2020 and submitted that the order is absolutely illegal, malafide and arbitrary. It is objected that once the orders dated 17.10.2015 and 30.11.2016 had been quashed and set aside by the Tribunal, the State Government had no authority to revive the order dated 30.11.2016 by the impugned order dated 15.10.2020. It is urged that the arguments, which have been made the basis for reviving the order dated 30.11.2016 were already examined at length by the Tribunal and it was found that the P.L. issued to the petitioner-company cannot be said to be in violation of the Mines and Minerals (Development and Regulation) Act, 2015 (hereinafter referred to as MMDR Act 2015 ). As the MMDR Act 2015 came into force w.e.f 12.01.2015 while the P.L. had been issued to the concerned petitioner-company on 24.12.2014.