The appellants are the defendants and respondent No.
1 plaintiff had a right to carry out mining operation on the suit land without any interference of the State and its authorities.
1 claimed this relief inter alia on the averments that the suit land was number the part of any protected Forest area as claimed by the State authorities but it was a part of the Revenue area.
By Judgment dated 03.09.1998, the first Appellate Court dismissed the appeal and affirmed the judgment decree of the Trial Court giving rise to filing of the second appeals by the State in the High Court.
A few facts need mention hereinbelow for the disposal of these appeals, which involve a short point.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are companystrained to allow the appeals, set aside the impugned order and remand the case to the High Court for deciding the second appeals afresh on merits in accordance with law.
1 filed a civil suit against the appellant State and its authorities and claimed therein a relief of grant of permanent injunction restraining the State and its authorities from interfering in carrying out the mining operations on the suit land by respondent No.1.
The State companytested the suit by denying the averments made in the plaint.
It is against this order, the State felt aggrieved and has filed the present appeals by way of special leave before this Court.
Parties led their evidence.
1 is the State of Rajasthan and respondent No.
The Trial Court framed issues.
The respondent No.
By Judgment and decree dated 10.05.1998, the Trial Court decreed in favour of the plaintiff the suit and granted an injunction against the State and its authorities in relation to the suit land, as prayed in the plaint.
The State felt aggrieved and filed first appeal before the District Judge.
It was averred that since the suit land did number fall in the protected forest area, the respondent No.
1 is the plaintiff in the civil suit out of which these appeals arise.
Respondent No.
1 claims to be the mining lessee in relation to the suit land under the Mines and Minerals Development Regulation Act hereinafter referred to as MMRD Act .
The appellant No.
Abhay Manohar Sapre, J. These appeals are directed against the final judgment and order dated 23.03.1999 passed by the High Court of Judicature for Rajasthan Bench at Signature Not Verified Jaipur in S.B. Civil Second Appeal Nos.83, 84 and 85 Digitally signed by ANITA MALHOTRA Date 2019.08.14 174552 IST Reason of 1999 whereby the High Court dismissed the second appeals filed by the appellants herein.
