M/s. Larsen And Toubro Limited vs State Of Rajasthan And Ors

Learned counsel for the petitioner submits that without participation of the petitioner inspection was conducted and the mining lease at the adjacent place has been held to be done by the petitioner and a demand has been raised for the illegal mining activities on the part of the petitioner. Learned counsel further submits that the petitioner has filed an appeal against the said order before the Appellate Authority but no decision has come forward. Learned counsel has relied on the order passed by Coordinate Bench of this Court at Jaipur Bench on 07/01/2016 in the case of Larsen & Toubro Ltd. Vs. State & ors. (SB Civil Writ Petition No.44/2016) whereby this Court, while granting interim protection, directed the authorities for deciding the appeal. Counsel further submits that while the appeal is pending, a recovery order has been passed on 29/01/2019. She also relies on the order passed by the Division Bench of this Court in the case of Mewar Marbles Ltd. Vs. State of Rajasthan : 2002 WLC, Raj. (UC) page 213 to submit that the notice of demand for penalty without participation of the petitioner in the inspection would be unjustified.

Having heard learned counsel and having examined the judgments placed before this Court (supra), this Court is of the view that the appellate authority under the Rajasthan Minor Mineral Concession Rules, 1986 is bound to decide the appeal preferred with stipulated period. The inaction on the part of the appellate authority results in further litigation coming up before this Court wherein this Court is passing orders for deciding the appeals within stipulated period. Such unnecessary litigation on account of inaction of the authorities is not called for and the State Government ought to take steps laying down a time frame for deciding the appeals.

Having said so, in the present case, finding that the appeal has been pending since long, it is directed that the appellate authority shall decide it within a period of two months after giving hearing to the petitioner and the petitioner would be free to assail the order if the petitioner is still aggrieved thereto.

In the meanwhile, till the appeal is decided, no coercive steps shall be taken in terms of the notice dated 29/01/2019.

The writ petition is accordingly disposed of.