- (1.) HEARD learned counsel for the parties.
(2.) THIS contempt petition arises out of order passed by a Coordinate Bench of this Court in SBCWP No.6641/2007- Deepak Khanna & Ors. Vs. State of Raj. & Ors., including the writ petition filed by the present petitioner being SBCWP No.6582/2007- Ram Prakash Sharma Vs. State of Rajasthan & Ors., at serial number 6 in the said batch, which came to be disposed of by the learned Single Judge on 21.05.2009 with the following directions: - "Consequently, all the writ petitions are allowed. The notification dated 24.4.2007 is hereby quashed. The order rejecting the applications of the petitioners is also quashed and the applications filed by the petitioners are revived. The respondents now shall consider and decide the applications filed by the petitioners for grant of mining lease and pass appropriate order in accordance with law. Stay petitions also stand disposed of." Learned counsel for the petitioner, Mr. Kaushal Sharma, submitted that after these directions, no effective consideration of the application for allotment of mining lease has been undertaken by the respondents and, hence, the present contempt petition has been filed.
(3.) PER contra, Mr. R.L. Jangid, AAG and Sr. Advocate assisted by Mr. H.S. Bishnoi, submits that for considering the applications of the petitioner and other similarly situated persons, in pursuance of the aforesaid directions dated 21.05.2009, the respondents sought guidelines from the Director of the Mines & Geological Department, Udaipur, which was issued on 16.11.2011 vide para 10 of the reply to the contempt petition; against which, certain petitioners including the present petitioner and Om Prakash and other have filed fresh writ petition before this Court being SBCWP No.11925/2011 challenging the order dated 16.11.2011 and the same is pending consideration. He also drew the attention of the Court towards the letter Annex.R/3 dated 12.12.2011 written by the Additional Advocate General, Mr. Anand Purohit, to the Mining Engineer, Jodhpur that upon his assurance given in the Court that Department shall not to proceed further in pursuance of the guidelines/order dated 16.11.2011 and no action shall be taken by the respondents till 16.12.2011.;