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2019 DIGILAW 2161 (RAJ)

State of Rajasthan v. Priti Sharma

2019-08-09

DINESH MEHTA, S.RAVINDRA BHAT

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JUDGMENT : 1. In all these cases, the State's grievance is that the order of the Single Judge, whereby its order cancelling the letter of intent and in few of the cases prospective licence (PL) without notice was set aside, is erroneous. 2. The State argued that the Single Judge's order, cannot be sustained. The Single Judge relied upon the judgment in M/s. Karni Mines & Minerals Vs. State of Rajasthan & Ors. (SB Civil Writ Petition No. 8179/2016), decided on 30.08.2017 - which was affirmed subsequently in State of Rajasthan Vs. M/s. Karni Mines & Minerals (DB Special Appeal (W) No. 652/2018), decided on 03.05.2018. A similar view was expressed by the Division Bench in State of Rajasthan Vs. M/s. Krishna Marble & Anr. (DB Special Appeal (W) No. 638/2018), decided on 05.05.2018. 3. The State submits that the decision in M/s. Karni Mines & Minerals (supra) is the subject matter in Special Leave Petition (Civil) Diary No. 33307/2018. By order dated 01.10.2018, the Supreme Court issued notices and during pendency of the proceedings, stayed operation of the judgment in M/s. Karni Mines & Minerals (supra). Apparently, other Special Leave Petitions challenging the decision in M/s. Krishna Marble (supra) and connected matters, which followed those decisions have also been challenged before the Supreme Court. 4. This Court following the decision in M/s. Karni Mines & Minerals (supra) and M/s. Krishna Marble (supra) both of the Division Bench, is of the opinion that a different view need not be taken; the State appeals are, therefore, rejected. 5. At the same time, however, this Court is of the opinion that parties in all the proceedings and appeals shall be bound by the final decision of the Supreme Court. Since there is a stay of the judgment of this Court, wherever contempt proceedings have been initiated, the respondents shall not proceed with them; in case the contempt proceedings are not initiated, the respondents shall not take out such proceedings and shall await final out-come of the matter pending before the Supreme Court. 6. The appeals are dismissed but subject to the above observations, and directions.