PRADEEP SINGH BHADORIA, S/O SH. JAGDISH SINGH Vs. THE STATE OF RAJASTHAN THROUGH THE SECRETARY, DEPARTMENT OF MINES AND GEOLOGY

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 29.4.2016 passed on a Revision Petition preferred by the petitioner.

(2.) Learned counsel submits that the petitioner was given two Mining Leases bearing No.7/2001 and 8/2001. He had excavated minerals only from those mining leases and transported under ravanas issued in favour of the petitioner. He did not excavate minerals outside the mining leases granted to the petitioner. The allegations were made against the petitioner for excavation of minerals from the land between M.L.7/2001 and M.L.8/2001. When the inspection was carried out earlier on the complaint of the villagers, nothing was found against the petitioner rather it was taken to be a case of waste of time of the Department. On the second occasion, the report was prepared showing excavation of minerals by the petitioner ignoring that prior to grant of M.L. to the petitioner, rights of mining was given to Maheshwari Brothers. The excavation of the area was also on grant of S.T.P. but ignoring the aforesaid, the order has been passed against the petitioner showing excavation of huge mineral. It was even in ignorance of the fact that no machinery or vehicle was ceased without which minerals cannot be excavate and transported.

(3.) The petitioner sought information under Right to Information Act, 2005 (for short "the Act of 2005"). It is admitted by respondents that no machinery or vehicles have been ceased. Ignoring the aforesaid, the order has been passed.