CHANCHAL JAIN Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-10-31
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on October 14,2019

CHANCHAL JAIN Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) The present writ petition has been preferred for the following reliefs: "1. To quash and set aside order dated 03.05.2018 (Annexure-36), passed by the respondents; 2. To quash and set aside orders dated 02.05.2014(Annexure-10) and 29.05.2014 (Annexure-11), passed by the respondents; 3. Hon'ble Court mercifully be pleased to direct the respondents to decide the application dated 05.06.2017 afresh by directing to grant the appropriate reliefs/compensation to compensate the petitioner for irreparable huge financial losses/damages, personal and legal injury, agony, mental torture, grave harm etc caused to the petitioner on account of wrongful revocation of license of the petitioner and ruining whole business career and young life of the petitioner forever for no fault since the last 23 years along with income Tax Exemption Certificate and to grant all other requisite reliefs in terms of application dated 05.06.2017 and within 2 weeks enabling the petitioner to seek justice from the appropriate authority especially in view of orders dated 04.02.2014; 01.04.2014 and 21.04.2017 of Hon'ble Delhi High Court to meet the end of justice; 4. To initiate contempt proceedings against the respondents / the comtemners and be punished for willfully committing contempt of this Hon'ble Court in accordance with the law for concealment of important material facts of the case and for interfering with the due course of judicial proceedings with intention to obtain favourable orders from the Hon'ble Court; 5. Cost of this petition and the entire litigation expenses since the year 1996; 6. Pass such other and further order in the interest of justice as deemed fit and just."
(2.) The facts, though have been made copious by none other than the petitioner herself, who has approached various fora in the period of last 22 years, but suffice it to mention that the petitioner had applied for grant of prospecting license in May, 1996 and two prospecting licenses (PL No.8/1996 and PL No.7/1996) came to be issued to her on 15.01.1998 and 27.01.1998 respectively. Whereafter for one reason or the other, the petitioner could not get her land demarcated and, thus, no mining lease could be extended in her favour.
(3.) After numerous representations and litigations, a writ petition came to be filed in the Delhi High Court, which came to be disposed of vide order dated 01.03.2016, interalia requiring the petitioner to file civil suit, in accordance with law. Whereagainst, the petitioner preferred a Letters Patent Appeal, wherein an objection was raised by the respondents' counsel that the writ petition, was not maintainable for want of territorial jurisdiction and in view thereof, the petitioner sought withdrawal of the writ petition with liberty to avail appropriate remedy in a court of competent jurisdiction or before an appropriate authority. Thus, the writ petition as well as the LPA, came to be dismissed as withdrawn, vide order dated 21.04.2017; relevant portion whereof is being reproduced hereinfra:- 1. An objection is taken by Mr. Amit Mahajan, learned counsel for the respondent No.1 and Mr. Vikas Malik, learned counsel for respondent No.2 that the writ petition Civil No.4864/2014 was not maintainable in the Delhi High Court inasmuch as this Court has no territorial jurisdiction with regard to the subject matter thereof. 2. In view thereof, learned counsel for the petitioner, on instructions from Mr. G.N. Jain, attorney of the appellant, prays that the impugned order dated 1 st March, 2016 may be set aside and the writ petition may be permitted to be withdrawn with liberty to invoke an appropriate remedy in a competent jurisdiction or before an appropriate authority. 3. This appears to be a fair request. In view thereof, the order dated 1st March, 2016 passed in WPC No.4864/2014 is hereby set aside and quashed. 4. The request of the appellant is accepted and the writ petition (Civil) No.4864/2014 and present appeal are permitted to be withdrawn with liberty, as prayed for. The appeal is disposed of in the above terms. Dasti." ;


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