SBCWP 1490/2008 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R Dilip Singh V/s. State of Rajasthan & Ors. S.B. CIVIL WRIT PETITION NO.1490/2008 Date of Order : 18/02/2008. PRESENT HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Kedar Solanki for the petitioner. ****** BY THE COURT:- The writ petition has been filed against the order dated 4/8/2004 and the order dated 2/12/2004. By the order dated 4/8/2004, notice was issued to the petitioner for depositing Rs.68,98,769/- for continuing the mining operation and by the order dated 2/12/2004 his appeal filed thereagainst before the Deputy Secretary Mines was partly allowed and the matter was remanded back tothe Mining Engineer for holding fresh enquiry against the petitioner and deciding it again within two months. Now, the petitioner is aggrieved by the recovery proceedings initiated by respondents vide Ann.14 dated 30/8/2007. Learned counsel for the petitioner has argued that inspite of the fact that the matter was remanded to the Mining Engineer, he has not taken SBCWP 1490/2008 2 any decision so far and instead recovery is sought from the properties of the petitioner. Having regard to the facts of the case, I find that challenge to the aforesaid notice dated 4/8/2004 is misconceived because same stands merged with the order of the appellate court dated 2/12/2004. If however, payment is still being insisted pursuant to the fresh notice, that could be finalised after decision is taken by the Mining Engineer on remand. If it has been done again, remedy can be available to the petitioner before the Deputy Secretary by filing fresh appeal under Rule 43/47 of the Rajasthan Minor Mineral Concession Rules, 1986. The petitioner may therefore approach the appellate authority for redressal of his grievance. The writ petition is dismissed being not maintainable. (MOHAMMAD RAFIQ), J. anil