CW3470/2006 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3470/2006 Chothu Ram Dhobi and Another Vs. The State of Rajasthan and Others Date of Order ::: 13.12.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Jai Kishan Yogi, Counsel for petitioners Shri Zakir Hussain, Additional Government Counsel for respondents State Shri Ashwani Jaiman for Shri Ashok Gaur, Counsel for private respondents #### By the Court:- Present writ petition was filed by petitioner in year 2006 inter-alia with prayer that respondents be directed to stop mining works and blasting in hills of Panch Pahari Dhani Jogiyan and Dhani Dhobiyan, Tehsil Kotputali, District Jaipur and respondents be further directed to cancel licence of mining works of respondent no.5 Sampat Singh Son of Shri bane Singh. Counsel for respondents opposed writ petition and submits that writ petition is not maintainable because in same matter petitioner had filed civil suit no.71/2005 which has been decided by Court of Civil Judge (JD) & Judicial Magistrate, Kotputali, District Jaipur by order dated 12.01.2009. Shri Zakir Hussain, learned Additional Government Counsel also at this stage submits that already Government has restrained private CW3470/2006 // 2 // respondent no.5 Sampat Singh from using blast. Learned counsel for petitioner however rejoins and submits that said suit has been decreed by court concerned by issue of perpetual injunction against respondents directing that they shall not undertake illegal blasting works; they were refrained from causing any damage to houses and cultivation of plaintiff by doing illegal blasting. Having regard to said judgment of Civil Court and statement made by learned Additional Government Counsel, this writ petition is allowed with direction that respondent State shall ensure compliance of judgment of Civil Court, referred to above, and its earlier order dated 16.07.2005. Writ petition is accordingly allowed. (Mohammad Rafiq) J. //Jaiman//