M.N. Bhandari, J. - (1.) With consent of the parties, writ petition has been heard finally.
(2.) The writ petition was filed to seek a direction on the Mining Engineer to proceed pursuant to notice dated 4th August, 2011 and seek rider agreement by inducting the petitioner as partner of the firm i.e. M/s. Balaji Marbles Mines. BRIEF FACTS OF THE CASE:
(3.) This case has chequered history, however, it is summarised in order of events. A mining lease was executed in favour of the partnership firm namely, M/s. Balaji Marbles Mines, Makrana, District Nagour. The petitioner was having partnership to the extent of 35%. A dispute about partnership came and decided by the Registrar (Firms) when petitioner was ousted from the partnership firm. The Registrar (Firms) passed order in favour of the petitioner on 2nd August, 2011. The direction was given for restoration of the partnership of the petitioner. The order of the Registrar (Firms) was challenged by the other party by maintaining a writ petition before the Principal Seat at Jodhpur. The writ petition was filed even to challenge the notice dated 4th August, 2011 passed by the Mining Engineer for execution of rider agreement. The order dated 2nd August, 2011 of Registrar (Firms) and the notice dated 4th August, 2011 were set aside. The petitioner preferred special appeal before the Division Bench where initially an interim order was passed and thereupon special appeal was allowed. Accordingly, order of the Registrar (Firms) dated 2nd August, 2011 and notice for execution of the rider agreement dated 4th August, 2011 were maintained. The partnership firm preferred Special Leave Petition before the Apex Court, however, order of the Division Bench was not interfered but SLP was disposed of vide order dated 19th February, 2016 with the following order: "Delay condoned. Special Leave Petition is dismissed. However, it will be open to the petitioner to approach the civil court for redressal of its grievance or for challenging the order passed by the Registrar of Firms. We clarify that the observations made by the High Court shall not influence the civil court and the civil court will decide the matter in accordance with law if and when any proceedings are initiated in a civil court.";