- (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:-- After having given our anxious consideration to the whole matter, we are of the opinion that in any case, the Director of Mines and Geology was not sitting as an appellate authority over the order passed by the Division Bench of this Court on 14.3.2008. Whether it is was necessary or not, but it was obligatory on his part to have given an opportunity of hearing to the parties and further to have afforded opportunity of filing documents as they may have been advised to do so. The impugned order clearly shows that these two basic directions, which are contained in the earlier order passed by the Division Bench of this Court, have not been adhered to. In the light of this, we are of the considered opinion that the impugned order dt. 2.4.2008 cannot be allowed to be sustained and the same is hereby quashed and set aside. Pursuant to the directions issued by the Division Bench of this Court on 14.3.2008, opportunity of hearing would be afforded to the parties by the Director, Mines and Geology in letter and spirit and only thereafter, reasoned order would be passed. We have also been given to understand that under misconception of law, the appellant has been restrained from operating the mines, which was allotted to him in the year 1989. We are of the opinion that unless respondents are able to obtain succession certificate in their favour, it was neither desirable nor proper to stop the appellant from carrying on mining activities, which he was carrying on since 1989. The appellant, therefore, would be at liberty to move an appropriate application before the Director, Mines and Geology in this regard also. As a result thereof, the impugned order passed by the learned Single Judge is also quashed and set aside. The matter, as directed in the earlier order dt. 14.3.2008 passed by the Division Bench of this Court, stands remitted to the Director, Mines and Geology for consideration in the light of earlier order passed by this Court. 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, Mines and Geology on 13.4.2009 to further participate in the matter. With the aforesaid directions and observations, this appeal stands allowed. Parties to bear their respective costs.
(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.";