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1999 DIGILAW 359 (RAJ)

Saligram Gurjar v. State of Rajasthan

1999-03-16

B.J.SHETHNA

body1999
JUDGMENT 1. - It is agreed by the learned counsel for the parties, Shri Joshi for the petitioner, Shri Jangid for the respondent No. 1 to 3 and Shri Gahlot for respondent No. 4 that a time bound programme be fixed and the Addl. Director (Mines) Udaipur-respondent No. 2 be directed to decide the matter as early as possible after hearing the concerned parties. 2. By the impugned order dated 29.11.1995 (Annex. 13) the respondent No. 1, State of Rajasthan remanded the matter to the respondent No. 2, Addl. Director (Mines) to decide the matter afresh after extending an opportunity of hearing to the concerned parties. The said order is challenged in this petition which has been stayed by the interim orders passed by this Court. 3. Considering the peculiar facts and circumstances of the case, the Addl. Director (Mines), Mines and Geology, Raj. Udaipur respondent No. 2 is directed to decide the matter afresh as per the directions issued by the respondent No. 1, State of Rajasthan in its order dated 29.11.1995 (Annex. 13) after hearing the petitioner as well as the respondent No. 4 and the State of Rajasthan as early as possible. At first instance the petitioner as well as respondent No. 4 and the representative of State of Rajasthan shall personally remain present before the Addl. Director (Mines) Udaipur-on 1.4.1999. On that day the respondent No. 2 will give a fix date of hearing to the parties and after hearing them decide the matter in accordance with law by a brief reasoned order not later then June 30, 1999. Till then the parties shall maintain the status quo regarding possession of the land. It is made clear that if the decision is adverse to the petitioner then the petitioner shall hand over the possession of the land to the person to whom it is ordered. 4. With these observations, this petition is disposed of.Writ Petition Disposed as Above. *******