AASHISH KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition, a challenge has been laid to the order dt. 26.07.2012, passed by the Director, Mines and Geology, Government of Rajasthan, Udaipur. At the outset, Mr. Zakir Hussain, Addl. G.C., appearing for the Mining Department, has pointed out that the impugned order dt. 26.07.2012, passed by the Director, Mines and Geology, is revisable under Rule 47 of the Rajasthan Minor Mineral Concession Rules 1986 (hereinafter 'the Rules of 1986'). He submits that in this view of the matter, the petitioner having an alternative and efficacious remedy, should be remitted thereto and the extraordinary equitable writ jurisdiction of this Court should not be exercised in the present matter.

(2.) HAVING heard the counsel for the petitioner and the respondent -Department, 1 am of the considered view that the petition should be disposed of with the direction to the petitioner to approach the revising authority under rule 47 of the Rules of 1986 against the order dt. 26.07.2012, passed by the Director, Mines and Geology. However, in view of the fact that this Court, vide order dt. 08.10.2012, which since has continued, had directed that status quo be maintained by the parties in respect of the petitioner's lease hold area, it would be fit and proper to continue the said status quo for a period of four weeks from today during which period the petitioner should file the revision petition and move an application for interim relief, if so advised.

(3.) IT is made clear that the application for stay of the impugned order in this revision petition would be address on its own merit in a nondiscriminatory manner, but the revising authority shall not be influenced by the interim order dt 08.10.2012 passed by this Court as extended from time to time. The writ petition stands disposed of accordingly.