LAWS(RAJ)-2021-2-23

DISTRICT COLLECTOR, RAJSAMAND Vs. MAGANA

Decided On February 09, 2021
District Collector, Rajsamand Appellant
V/S
Magana Respondents

JUDGEMENT

(1.) This revision petition is directed against the order dated 19.06.2020 passed by Civil Judge, Rajsamand, whereby, the application filed by the petitioners under Order VII Rule 11 CPC has been rejected.

(2.) The suit was filed by the respondent-plaintiff seeking declaration and injunction in relation to show-cause notice dated 16.06.2020 issued to him regarding illegal excavation and why penalty be not imposed.

(3.) The application was filed inter-alia on the ground that the suit has not been properly valued, court fees paid are deficient. The plaintiff has alternate remedy under provisions of Rajasthan Minor Mineral Concession Rules, 2017 ('the Rules') and, therefore the suit was barred and provisions of Section 80 CPC have not been complied with.