Rajasthan High Court
CW/27080/2018 of JAGDISH PRASAD GURJAR SON OF SHRI SANWAL RAM GURJAR Vs STATE OF RAJASTHAN on 5 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 27080/2018 CNR: RJHC021175212018 | URN: CW / 45929U / 2018 Jagdish Prasad Gurjar Son Of Shri Sanwal Ram Gurjar, Aged About 44 Years, Resident Of Village Buchara, Tan Dhani Chotakya, Tehsil Kotputli, District Jaipur, Rajasthan.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 27080/2018
CNR: RJHC021175212018 | URN: CW / 45929U / 2018
Jagdish Prasad Gurjar Son Of Shri Sanwal Ram Gurjar, Aged About 44 Years, Resident Of Village Buchara, Tan Dhani Chotakya, Tehsil Kotputli, District Jaipur, Rajasthan.
----Petitioner
Versus
1.
State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Government Secretariat, Jaipur (Raj.)
2.
The Secretary, Department Of Mines And Geology, Govt.
Of Rajasthan, Government Secretariat, Jaipur
3.
The Director, Department Of Mines And Geology, Govt. Of Rajasthan, Udaipur
4.
Additional Director Of Mines (Environment And Development), Department Of Mines And Geology, Govt.
Of Rajasthan, Udaipur
5.
Rajasthan State Pollution Control Board, Jhalana Dungari, Jaipur Through Its Member Secretary
6.
The Director Of Mines Safety, Anna Sagar Link Road, Ajmer.
7.
The Director, Watershed Developments Soil Conservation Department, Jaipur.
8.
The Mining Engineer, Department Of Mines And Geology, Govt. Of Rajasthan, Jaipur.
9.
District Collector, Jaipur District, Jaipur.
10.
The Sub Divisional Officer, Kotputli, District Jaipur.
11.
M/s Triveni Minerals, Village Buchara Ki Dhani, Tehsil Kotputli, District Jaipur Through Proprietor/authorized Person
----Respondents
For Petitioner(s)
:
Mr. Anoop Agarwal
Mr. Hoshiyar Singhk Arya
Mr. Avinash Arya
For Respondent(s)
:
Mr. Vigyan Shah, AAG
Mr. Rakesh Chaudhary
Mr. Narpat Singh Shekhawat
(2 of 3)
[CW-27080/2018]
Mr. Akhil Simlote
Mr. Bharat Vyas, AGC through VC
Mr. Amichand Duharia, Assistant
Mining Engineer, Kotputli } present in
person
HON'BLE MR. JUSTICE INDERJEET SINGH
HON'BLE MR. JUSTICE SANDEEP TANEJA
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Order
05/08/2026 This writ petition has been filed by the petitioner with the following prayers:- “The petitioner most respectfully prays that this Hon'ble Court may be pleased to pass the following order:-
a) by an appropriate writ, order or direction, call for the entire record of the mining lease no. 3/99 situated near Dhani Chotakiya village Buchara, Kotputli District Jaipur and mining lease may be examined by local commissioner or some independent authorities or an expert committee may be constituted and report from them may be called for. And further a direction may be issued to respondent no. 3, 5, 6 & 8 to take effective steps to stop and cancel the illegal mining lease in the village of petitioner and non-petitioner no.11 may be restrained to not conduct any mining activity near the Dhani Chotakiya village Buchara, Kotputli District Jaipur and further he may be restrained to obstruct/ interfere in the public way of the local village Buchara of petitioner..
(b) by further appropriate writ, order direction the respondents may be directed to take effective steps against the defaulting officers and further they may be directed to rule out the recurrence of such incidences in future and to ensure immediate attention and treatment to villagers.
(c) by further appropriate writ, or order direction the respondents may be directed to pay adequate compensation to the effected persons.
(d) by further appropriate writ, order or direction the respondents may be directed to take suitable disciplinary action against the defaulting persons.
(3 of 3) [CW-27080/2018]
(e) any other beneficial order or direction, which the Hon'ble Court deems fit and proper in the facts and circumstances of the case may also kindly be passed in favour of the petitioner.” Counsel for the petitioner submits that the respondent No.11 is doing the business of mining without any valid permission. Learned Additional Advocate General - Mr. Vigyan Shah appeared on behalf of the respondent-Department of Mines and Mr. Akhil Simlote, Adv., appeared on behalf of the respondent- Rajasthan State Pollution Control Board and they have placed certain documents on record which clearly shows that the respondent No.11 is having the mining lease for a period upto the year 2051. As per the letter dated 26.05.2023 issued by Rajasthan State Pollution Control Board, the respondent No.11 is having consent to operate till 31.08.2028. Counsel further submits that consent to operate has been further extended by the Pollution Control Board after regular inspection with certain conditions. Considering the documents available on record and also considering the submissions made on behalf of the parties, We deem it just and proper to dispose of this PIL writ petition. (SANDEEP TANEJA),J (INDERJEET SINGH),J 17/JYOTI