JUMADEEN S/O AMRUDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsels for the parties. The Division Bench of this Court in its order dt. 06.04.2009 while disposing of the DBSAW No. 1054/2008-Jumodeen vs. State of Rajasthan & Ors. of the present petitioner only had directed as under:--

(2.) In pursuance of the said order of the Division Bench, the Director, Mines. Udaipur passed the impugned order again on 12.01.2010 in the following terms after giving opportunity of hearing to the concerned parties and to produce the relevant documents including the succession certificate in respect of Mining Lease flowing from "Bapi-Patta", which was otherwise prohibited under Sec. 64 of the MMCR Rules, 1986:--

(3.) The present writ petition has been filed by the petitioner against the said order dt. 12.01.2010 of Director, Mines & Geology, Udaipur. Learned counsel for the petitioner, Mr. Rajesh Joshi, submitted that the Director, Mines, Udaipur has passed the impugned order again on 12.01.2010 contrary to the directions of the Division Bench, in which it was directed that unless the respondents are able to obtain the succession certificate in their favour, it was neither desirable nor proper to stop the petitioner from carrying the mining activities, which he was carrying on since 1989. The appellant, therefore, would be at liberty to move appropriate application before the Director Mines & Geology Department, Udaipur in this regard in the penultimate para, the Division Bench observed that, "However, the Director Mines and Geology is expected to decide the matter as expeditiously as possible and in any case parties will also not seek any undue adjournment in the matter. Since the parties are here, we direct that they would appear before the Director, Mine and Geology on 13.4.2009 to further participate in the matter."