ANIL KUMAR CHOUDHARY Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-5-175
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on May 30,2019

ANIL KUMAR CHOUDHARY Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI ,J. - (1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs: "(a) The impugned demand notice dated 31.12.2018 passed by Mining Engineer, Banswara (Annexure-9) may kindly be declared illegal and be quashed and set aside. (b) The respondents be restrained from recovering any other amount towards NPV under the notification dated 01.04.2015 or otherwise and be restrained from interfering in mining activity undertaken by the petitioner. (c) That the mining department be held responsible for deposit of NPV under the said notification dated 01.04.2015 or otherwise. (d) That the amount deposited by the petitioner as NPV under the notification dated 01.04.2015 or otherwise may be ordered to be refunded with interest. (e) Any other order or direction which the Hon'ble Court feels appropriate in favour of the petitioner in light of justice, equity and good conscience may also be passed. (f) Cost of the petition may kindly be awarded to the petitioner."
(2.) The matter is covered by the judgment rendered by this Court in M/s. Hari Priya Enterprises Pvt. Ltd. Vs. State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 2824/2019 decided on 30.05.2019), which reads as under:- "1. Since the controversy involved in all these writ petitions is common, therefore, they have been heard together and are being decided by this common judgment. 2. These writ petitions under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs: "(a) The impugned demand notice dated 08.01.2019 passed by Assistant Mining Engineer, Rishabhdev, Udaipur (Annexure-10) may kindly be declared illegal and be quashed and set aside. (b) The respondents be restrained from recovering any other amount towards NPV under the notification dated 01.04.2015 (Annex.4) or otherwise. (c) That the mining department be held responsible for deposit of NPV under the said notification dated 01.04.2015 (Annex.4) or otherwise. (d) That the amount deposited by the petitioner as NPV under the notification dated 01.04.2015 (Annex.4) or otherwise may be ordered to be refunded with interest. (e) Any other order or direction which the Hon'ble Court feels appropriate in favour of the petitioner in light of justice, equity and good conscience may also be passed. (f) Cost of the petition may kindly be awarded to the petitioner."
(3.) For the sake of brevity and convenience, the facts, as pleaded in S.B. Civil Writ Petition No.2299/2019 are being taken for the purpose of the present adjudication.;


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