Stay 738/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Misc. 2nd Stay Appl.No.738/2009 in Civil Writ Petition No.644/2009 M/s Silica King through Partners Versus State & Ors. Date of Order ::: 29/05/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Mukesh Kr. Meena, for petitioners. Mr. Chetan Bairwa, Addl.Govt. Counsel, for respondents State Matter has come up on 2nd stay application filed by petitioner with the request that on first application seeking interim relief, this Court vide order dt.02/03/09 restrained the respondents from taking any coercive action for executing notices dt. 01/09/08 & 08/01/09 (Ann.6 & 8); and liberty was given to respondents to seek modification or vacation of order after filing of the reply to writ petition. However, no reply to writ petition has been filed by respondents. But petitioner has moved 2nd stay application in which it has been inter-alia averred that pursuance to order of attachment dt.07/01/09 (Ann.8), before passing of interim order dt.02/03/09, respondents have attached equipments & machinery and part of lease area of their firm – as a result whereof, petitioner Firm is not able to carry on its Stay 738/09 //2// mining activities in aforesaid mining lease area. It has also been brought to the notice of this Court that in identical CWP-9077/07 & cognate matters, after hearing the respondents at length, application for interim relief was disposed of by Co-ordinate Bench of this Court vide order dt.01/11/07 granting interim relief on certain conditions referred to in para 9 whereof. Counsel for petitioner submits that petitioner being similarly situated may also be granted same interim relief. A copy of 2nd stay application was served upon respondents on 22/04/09. Respondents have failed to file reply to 2nd stay application and so also to writ petition so far. This Court considers it appropriate to grant interim relief in the light of order dt. 01/11/07 passed in identical CWP-9077/2007. Accordingly 2nd stay application stands disposed of with the following interim order : (i)in case the petitioners deposit 50% of amount within three months, then recovery of remaining 50% amount shall remain stayed; (ii)The attachment orders impugned are also stayed. The petitioners shall be allowed to operate the mines/start Stay 738/09 //3// their business. If 50% of the amount is not deposited by the petitioners within three months then the respondents are free to attach the property again and realise the entire amount. (iii)The petitioners are free to move application/objection as required U/ss 42(4) & 43 of the Act of 2006 for the area liable to be assessed and on receipt of the application for amendment of the list, the respondents shall finalize the same within a period of three months. Earlier interim order dt.02/03/09 stands modified as indicated above. Heard. Admit. Notices need not be issued as parties are being represented by their respective counsel. Respondents may file their reply to writ petition with an advance copy to petitioner's Counsel. However, respondents will be free to move for modification/vacation of aforesaid stay order after filing of the reply to writ petition. A copy of this order be placed in main CWP-644/2009. (Ajay Rastogi), J. K.Khatri/p3/738Stay2nd644CW09May29St.doc