S.B.CIVIL WRIT PETITION NO. 9996/2009- (Smt. Resham Devi vs. State of Raj. & Ors.) S.B.CIVIL WRIT PETITION NO. 683/06- (Ishwar Lal vs. State & ors.) Order dt: 22/4/2010 1/3 S.B.CIVIL WRIT PETITION NO. 9996/2009 (Smt. Resham Devi vs. State of Raj. & Ors.) S.B.CIVIL WRIT PETITION NO. 683/06 (Ishwar Lal vs. State & ors.) DATE OF ORDER : 22/4/2010 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Sandeep Saruparia, for the petitioners. Mr.R.K.Soni, for the respondents. These two petitions have been filed one by Husband Ishwar Lal and another by Smt. Resham Devi wife of Ishwar Lal. The case set up by Smt. Resham Devi is that for the alleged due of mining department against the mining lease given to her husband Ishwar Lal, the respondent mining department is not issuing NOC in her favour for transferring the mining lease in favour of third party, whereas, in the writ petition filed by her husband Ishwar Lal the very demand with respect to his own mining lease has been challenged and the recovery of the same has been stayed. Learned counsel for the petitioner further submits that even the possession of the independent mining lease in favour petitioner Ishwar Lal has been taken over by the mining department and no such dues could be raised by the mining department and there is no question of withholding the NOC to petitioner wife Smt. Resham Devi for transferring her own independent mining lease. Learned counsel for the respondent department justifies the S.B.CIVIL WRIT PETITION NO. 9996/2009- (Smt. Resham Devi vs. State of Raj. & Ors.) S.B.CIVIL WRIT PETITION NO. 683/06- (Ishwar Lal vs. State & ors.) Order dt: 22/4/2010 2/3 impugned demand against the petitioner Ishwar lal. However, he is not in a position to point out any determination order which might have been passed by the assessing authority/mining engineer after giving an opportunity of hearing to the petitioner Ishwar Lal for raising of such dues, though a figure of Rs. 2 lacs and odd is stated to be due from said Ishwar Lal in the reply filed to the writ petition by Resham Devi. Having heard the learned counsels, this Court is of the view that there is no justification for withholding the NOC in favour of petitioner Resham Devi for transferring her independent mining lease for the alleged dues of the independent mining lease in the name of her husband Ishwar Lal, which demand is under challenge on the ground that no order determining such liability has been passed by the competent authority. In the facts and circumstances of the case, these writ petitions are disposed of by directing the concerned mining engineer/assessing authority to redetermine the dues against the petitioner husband Ishwar Lal in respect of his mining lease after giving an opportunity of hearing to him or his authorised representative. The petitioner Ishwar Lal or his authorised representative in this regard may appear before the said authority namely Mining Engineer, Amet District Rajsamand on 12/5/2010 and the said authority will decide the dues S.B.CIVIL WRIT PETITION NO. 9996/2009- (Smt. Resham Devi vs. State of Raj. & Ors.) S.B.CIVIL WRIT PETITION NO. 683/06- (Ishwar Lal vs. State & ors.) Order dt: 22/4/2010 3/3 in accordance with the law within a period of 15 days therefrom. After such determination of the dues against the husband Ishwar lal, if any, the same deserves to be recovered from the husband Ishwar Lal only and unless there are dues in respect of mining lease in favour of petitioner wife Smt. Resham Devi herself, the respondent authority will not withhold the necessary NOC and issue the same in her favour forthwith after determination by the said authority. The writ petitions are disposed of accordingly. (DR.VINEET KOTHARI), J. item no. 5,c-1 baweja/-