81

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR

D.B. CIVIL WRIT PETITION (PIL) NO. 17226/2016

LSC Infratech ltd. Village Ghatri, Tehsil

Bhusawar, District Bharatpur.

…Petitioner

Versus

1. State of Rajasthan through its Secretary

Revenue Department Secretariat Jaipur.

2. Collector Bharatpur.

3. Tehsildar, Tehsil Bhusawar, District Bharatpur.

…Respondents

Writ Petition under Article 226 of the Constitution

Of India

IN

In the Matter of Rajasthan Land Revenue Act, 1956

To,

The Hon’ble Chief Justice and his other companion

Hon’ble Judges of the Rajasthan High Court, Jaipur

MAY IT PLEASE YOUR HONOUR:

 82

That the petitioners most respectfully begs to

submit this writ petition as under:

1. That the petitioner is a limited company

registered under the companies act 1956

2. That the Lal Kunwa Stone Crushers Private

Limited was incorporated under the provisions of

Companies Act, 1956 on 13.04.1988 before the

registrar of Companies U.P. Kanpur. The

photocopy of the certificate of incorporation

dated 13/04/1988 is enclosed herewith and marked

as Annexure No.1

3. That the aforesaid name was changed to LSC

Infratech Limited on 22/10/2012 and a fresh

certificate of incorporation consequent change

of Name was issued. The photocopy of the fresh

certificate of incorporation consequent change

of Name dated 22/10/2012 is enclosed herewith

and marked as Annexure No.2

4. That in the meeting of Board of Directors of LSC

Infratech Limited held on 12.11.2019 at the

registered office of the Company at Kumar Oxygen

Compound Rampur Road, Dist. U.S. Nagar,

Uttarakhand- 262153, a resolution was passed

 83

whereby Shri Vijay Singh S/o Shri Bhanu Pratap

Singh R/o village Ghatri, Tehsil Bhusawer,

Distt. Bharatpur (Rajasthan) was authorized on

behalf of the company to file this writ

petition. The photocopy of resolution dated

12.11.2019 is enclosed herewith and marked as

Annexure No.3

5. That shree Shivlal S/o Bhorya kahtedar of land

in Araji Khasra no. 9 Rakba 6.05 Bigha village

Ghatri, Tehsil Weir applied for conversion of

his agricultural land to industrial land for use

of stone crusher.

6. That before conversion of the aforesaid land and

installation of the crusher, a survey was

carried out by the Tehsildar, Weir, Bharatpur

who issued a checklist on 2.06.2011 as per the

Aerial distance between the stone crusher from

village Aipur was shown to be 1700 meters, from

village Ghatri 1810 meters, from village kalohar

1800 meters and from village Nayagaon 1550

meters. The photocopy of the checklist issued by

the Tehsildar is enclosed and marked as Annexure

No.4
 84

7. That before the conversion of the aforesaid land

for crusher installation the NOC (No objection

certificate) as to the distance of crusher from

road vide letter dated 28.06.2011 was issued by

Assistant Engineer, P.W.D., Sub-Division,

Bhusawar (Bharatpur). The photocopy of the NOC

dated 28.06.2011 issued by Assistant Engineer,

P.W.D. is enclosed and marked as Annexure No.5.

8. That before the conversion of the aforesaid land

for crusher installation the NOC (No objection

certificate) from Electricity Department was

also issued vide letter dated 30.06.2011 by

Assistant Engineer (O&M), Jaipur Discom weir.

The photocopy of the NOC dated 30.06.2011 issued

by Assistant Engineer (O&M), Jaipur Discom, Weir

is enclosed and marked as Annexure No.6

9. That before the conversion of the aforesaid land

for installation of crusher NOC (No objection

certificate) dated 05.07.2011 was issued by Gram

Panchayat, Ghatri, Panchayat Samiti Weir

(Bharatpur) on the pretext that there are many

crushers already running in the area and the

Gram Panchayat has no objection. The photocopy

of the NOC dated 05.07.2011 of Gram Panchayat,

 85

Ghatri, Panchayat Samiti Weir (Bharatpur) is

enclosed and marked as Annexure No.7

10. That Rakba 5 Bigha 10 Biswa (8898.57 square

meters) of the aforesaid land of Shivlal s/o

Bhorya was duly converted into industrial land

for stone crusher from agricultural land vide

order of SDO, Weir (Bharatpur) dated 02/11/2011.

The photocopy of the order dated 02/11/2011 is

enclosed herewith and marked as Annexure No.8.

11. That thereafter, the petitioner purchased the

aforesaid converted land for industrial use for

stone crusher in Khasra no. 9 Rakba 5 Bigha 10

Biswa (8898.57 square meters) vide sale deed

dated 01.08.2012 from Shri Shivlal S/o Bhorya.

The photocopy of the sale deed dated 01.08.2012

is enclosed herewith and marked as Annexure No.9

12. That the Tehsildar, Tehsil Weir (Bharatpur)

issued a certificate dated 24.08.2012 in favor

of petitioner showing the distance of proposed

stone crusher from nearby villages. As per the

certificate, the Aerial distance between the

stone crusher from village Aipur was shown to be

1700 meters, from village Ghatri 1810 meters,

from village kalohar 1800 meters and from

 86

village Nayagaon 1550 meters. The photocopy of

the certificate dated 24.08.2012 issued by

Tehsildar, Tehsil Weir (Bharatpur) is enclosed

herewith and marked as Annexure No.10

13. That the petitioner installed a crusher after

obtaining consent to establish (C.T.E) on the

aforesaid land and complied with all norms.

Thereafter, consent to operate (C.T.O) under the

provisions of water (prevention & Control of

pollution) Act, 1974 and Air (Prevention &

Control of Pollution) Act, 1981 was granted to

the petitioner w.e.f. 10/04/2015 to 31/01/2018

by the Rajasthan State Pollution Control Board

vide order dated 08.05.2015. The photocopy of

the consent to operate granted vide order dated

08.05.2015 is enclosed and marked as Annexure

No.11

14. That samples of ambient air quality were

collected 10 meters away from jaw crusher on

16/12/2016 by the Rajasthan State Pollution

Control Board and were found to be fit after

analyses the report dated 24.01.2017. The report

dated 24.01.2017 of the lab in-charge, Rajasthan

State Pollution Control Board is enclosed and

marked as Annexure No 12.

 87

15. That a Mining lease ML No. 10/07 measuring 1

hectare, comprising of mineral masonry stone

situated near village Aipur, Tehsil Weir,

District Bharatpur (Raj.) was allotted to Shri

Vishnu kumar S/o Shri Rajendra Kumar vide order

dated 09.08.2010 for a period of 20 years

starting with effect from 27.07.2011 at an

yearly dead rent of Rs 21,000. Thereafter, this

lease was transferred in favor of Shri Abhishek

Agarwal S/o Shri Shiv Kumar Agarwal, who is one

of the Director in the company vide order dated

11.09.2013. Thereafter a transfer deed dated

11.12.2013 was executed between the parties.

16. That the letter of consent to operate the mine

was also granted by the Rajasthan State

Pollution Control Board for a period w.e.f

01.07.2015 to 30.06.2018 for minor mineral ML.

No. 10/07 vide letter dated 21.05.2015 which was

also extended vide letter dated…… The photocopy

of the letter dated 21.05.2015 is enclosed and

marked as Annexure No. 13

17. That permission under regulation 34 (4) & (6) of

the Metalliferous Mines regulations, 1961 were

 88

granted and Shri Jitendra Pathak (II class

certificate holder) was appointed as manager in

ML No. 10/7 till 12.07.2017 vide letter dated

13.06.2016 by the Directorate General Mines

Safety, Ghaziabad. The photocopy of the letter

dated 13.06.2016 of Directorate General Mines

Safety, Ghaziabad is enclosed and marked as

Annexure No 14.

18. That the Directorate General of Mines Safety,

Gaziabad vide letter dated 23.06.2014, after due

verification gave permission to carry out deep

hole drilling and blasting along with usage of

heavy machinery in ML No. 10/7. The photocopy of

the letter dated 23.06.2014 issued by the

Directorate General of Mines Safety, Gaziabad is

enclosed and marked as Annexure No.15

19. That a Mining lease ML No. 123/93 measuring 100

x 100 square meters, comprising of mineral

masonry stone situated near village Ghatri,

Tehsil Weir, District Bharatpur (Raj.) was

allotted to Smt. Mina Devi W/O Shri Dinesh Chand

vide order dated 04.07.1994 for a period of 20

years starting with effect from 08.09.1994.

Thereafter, this lease was transferred in favor

M/s Omshakti stone crusher. At present the

 89

yearly dead rent of the lease is Rs 13,720.

Thereafter, this lease was transferred in favor

of Shri Abhishek Agarwal S/o Shri Shiv Kumar

Agarwal, who is one of the Director in the

company vide order dated 26.02.2013. That in

pursuance of the same, a transfer deed dated

25.03.2013 was executed between the parties by

the state Government.

20. That the letter of consent to operate the mines

was also granted by the Rajasthan State

Pollution Control Board for a period w.e.f

08.09.2014 to 31.08.2017 for minor mineral ML.

No. 123/93 vide letter dated 21.05.2015. The

photocopy of the letter dated 21.05.2015 is

enclosed and marked as Annexure No 16.

21. That a Mining lease ML No. 522/04 measuring 1

Hectare, comprising of mineral masonry stone

situated near village Ghatri, Tehsil Weir,

District Bharatpur (Raj.) was allotted to Smt

Ashrafi Devi W/o Shri Giriraj Prasad Gurjar vide

order dated 18.08.2007 for a period of 20 years

starting with effect from 19.05.2008 at an

yearly dead rent of Rs 21,000. Thereafter, this

lease was transferred in favor of Shri Saurabh

Agarwal S/o Shri Shiv Kumar Agarwal, who is one

 90

of the Director in the company vide order dated

11.11.2013. That in pursuance of the same, a

transfer deed dated 23.12.2013 was executed

between the parties by the state Government.

22. That the letter of consent to operate the mine

was also granted by the Rajasthan State

Pollution Control Board for a period w.e.f

01.10.2015 to 30.09.2018 for minor mineral ML.

No. 522/04 vide letter dated 04.09.2015. The

photocopy of the letter dated 04.09.2015 is

enclosed and marked as Annexure No 17.

23. That a Mining lease ML No. 523/04 measuring 1

Hectare, comprising of mineral masonry stone

situated near village Ghatri, Tehsil Weir,

District Bharatpur (Raj.) was allotted to Smt.

Poonam Devi W/o Shri Rajendra Kumar vide order

dated 24.10.2009 for a period of 20 years

starting with effect from 17.02.2011 at an

yearly dead rent of Rs 15,000. Thereafter, this

lease was transferred in favor of Shri Saurabh

Agarwal S/o Shri Shiv Kumar Agarwal, who is one

of the Director in the company vide order dated

26.06.2013. That in pursuance of the same, a

transfer deed dated 19.07.2013 was executed

between the parties by the state Government.

 91

24. That the letter of consent to operate the mine

was also granted by the Rajasthan State

Pollution Control Board for a period w.e.f

01.02.2014 to 31.01.2017 for minor mineral ML.

No. 523/04 vide letter dated 03.04.2014. The

photocopy of the letter dated 03.04.2014 is

enclosed and marked as Annexure No 18.

25. That the permission under regulation 34 (4) &

(6) of the Metalliferous Mines regulations, 1961

were granted and Shri Jitendra Pathak (II class

certificate holder) appointed as manager in ML

No. 522/04 and 523/04 till 05/12/2017 vide

letter dated 06/12/2016 by the Directorate

General Mines Safety, Ghaziabad. The photocopy

of the letter dated 06/12/2016 of Directorate

General Mines Safety, Ghaziabad is enclosed and

marked as Annexure No 19.

26. That the Directorate General of Mines Safety,

Gaziabad vide letter dated 27.09.2013, after due

verification gave permission to carry out deep

hole drilling and blasting along with usage of

heavy machinery in ML No. 522/04 and 523/04. The

photocopy of the letter dated 27.09.2013 issued

by the Directorate General of Mines Safety,

 92

Gaziabad is enclosed and marked as Annexure No

20.

27. That the crusher of the petitioner has been

running on a land after the conversion for

industrial use for stone crusher vide order

dated 02.11.2011 passed by the SDO Weir

(Bharatpur).

28. That it is quite clear from the check list

issued by the Tehsildar on 2.06.2011 as per

which the Aerial distance between the stone

crusher from village Aipur was shown to be 1700

meters, from village Ghatri 1810 meters, from

village kalohar 1800 meters and from village

Nayagaon 1550 meters. The Tehsildar, Tehsil Weir

(Bharatpur) again issued a certificate dated

24.08.2012 in favor of petitioner again showing

the same distances. The petitioner stone crusher

is situated at a distance of more than 1500

meters from the closest populated area. That the

SDO, Bhusawar after duly verifying the area came

to the finding that the distance of the crusher

from main population of village Aipur (khasra

no. 207) is more than 1500 meters and dropped

eviction proceedings against the petitioner vide

order dated 29.02.2016. The photocopy of the

order dated 29.02.2016 is enclosed herewith and

marked as Annexure No.21

 93

29. That the crusher unit only crushes excavated

mineral in their plant for which they do not

need any blasting. The Directors of petitioner

namely Shri Abhishek Agarwal who is lease holder

of ML No. 10/07 and Shri Saurabh Agarwal who is

lease holder of ML No. 522/04 and ML No. 523/04

have already been granted permission to carry

out deep hole drilling and blasting along with

usage of heavy machinery in the aforesaid Mining

Leases by the Directorate General of Mines

Safety, Ghaziabad. That permission under

regulation 34 (4) & (6) of the Metalliferous

Mines regulations, 1961 were also granted.

30. That the monitoring and inspection of the

crushers is being regularly carried out by the

Rajasthan State Pollution Control Board. That

the petitioner has been complying with all norms

and that is why the Rajasthan State Pollution

Control Board granted consent to operate the

stone crusher plant w.e.f. 10/04/2015 to

31/01/2018 vide order dated 08.05.2015.

Moreover, samples of ambient air quality were

collected 10 meters away from jaw crusher on

16/12/2016 by the Rajasthan State Pollution

Control Board which was found to be fit after

analysis the report dated 24.01.2017.

 94

31. That the petitioner is running the crusher by

abiding all required legal norms. The stone

crusher is the means of livelihood for all the

laborers working in it. There are 200 families

near by the villages that are dependent on the

leases and crusher of the petitioner.

32. That for the purpose of expansion of the crusher

and to provide the accommodation and mess

facilities to the laborers, the petitioner

purchased the agricultural land measuring 8

Bigha and 13 Biswa in khasra no 11 from Ramesh

Chand by the sale deed dated 23.07.2012 and

agricultural land measuring 12 Bigha and 11

Biswa from Fateh vide sale deed dated 04.10.2012

attached to the petitioner’s crasher.

33. That the petitioner submitted an application on

14.03.2019 for Conversion of Agricultural Land

to Non Agricultural Purpose for an area

measuring 14002 square meter in Khasra no 11 and

19792.50 square meter in Khasra no 12 of the

total area 33794.50 square meter along with

Documents for the purpose of establishment of

non-polluted (Cement bricks) unit in the

aforesaid area in the office of the SDM Busawar,

 95

District Bharatpur. The photocopy of the

application dated 14.03.2019 is enclosed and

marked as Annexure No 22.

34. That the TehsilDar vide letter dated 26.06.2019

sent the check list to the SDO for further

proceedings. The Photocopy of the letter dated

26.06.2019 is enclosed and marked as Annexure No

23.

35. That the Deputy Town Planer Bharatpur also sent a

checklist to the SDO Bharatpur vide letter dated

17.08.2017 for removal of the defects pointed out

in the checklist photocopy of the letter dated

08.06.2017 is enclosed and marked as Annexure No

24.

36. That the petitioner also sent a letter to

Tehsildar Bhusawar with the contention to record

the Gravel Road in the revenue record vide letter

dated nill the photocopy of the letter dated nill

is enclosed and marked as Annexure No 25.

37. That the Rajasthan Micro, Small and Medium

Enterprises (Facilitation Of Establishment and

Operation) Ordinance 2019 was issued on 04.03.2019

 96

with a view to promote inclusive economic growth

and employment generation, the state aims to

address the specific needs of the micro, small and

mediums enterprises and promote entrepreneurship.

It is expedient to give effect to exemption from

certain approvals and inspections required for

establishment and operation of micro, small and

medium enterprises.

38. That the petitioner is utilizing the vacant land

for the accommodation and the mess facility for

the laborers. The some position of the vacant land

is being used for the storage of raw materials.

39. That the patwari send a report on 25.01.2016 to

the Tehsildar Bhusawar to initiate proceeding

under Section 90 A of the Rajasthan Land Revenue

Act 1956, against the petitioner for utilizing the

91 Biga land for non-agricultural purposes by

putting pakka materials. The petitioner without

conversion. The photocopy of the report dated

25.01.2016 is enclosed and marked as Annexure No.

26.

40. That a notice was issued by Tehesildar Bhusawar on

27.01.2016 stating that a complaint was registered

bearing no. 11/2016. The petitioner submitted the

reply on 03.02.2016 and stated that the land in

question is not a swaichak. The petitioner is

 97

neither a trespasser nor an unauthorized occupant.

The land is attached to the stone crasher which

has already been converted for non-agricultural

purpose and he requested to drop the proceedings.

The photocopy of the reply dated 03.02.2016 is

enclosed and marked as Annexure No. 27.

41. That without notice to the petitioner the

Tehasildar decided the case Ex-parte vide order

dated 14.07.2016 and dispossess the petitioner

from khasra no. 11,12 Ragba 21 Bigha (14 bisba)

and 19 Biga at village Ghatri, Tehesil BHusawa and

also imposed penalty of rupees 1950. It was

further ordered to put on auction of the material

lying on Khasra no. 4/07. The certified copy of

the order dated 14.07.2017 is enclosed and marked

as Annexure No. 28.

Hence aggrieved by the Ex-parte order passed by the

Tehsildar Bhuswara dated 14.07.2016. The petitioner

submits this writ petition on the following grounds

amongst as under:

a) That the Judgment are against the facts and the

law therefore Judgment deserves to be quashed and

set aside.
 98

b) That the stone crusher is means of livelihood for

all the laborers working in it. There are 200

families near by the villages that are dependent

on the leases and crusher of the petitioner. Thus

the petitioner’s company is contributing an

essential contribution in the economy of the

nation. Thus considering this point, the order

deserves to be quashed and set aside.

c) That the petitioner installed the crusher after

obtaining “consent to establish” (C.T.E) on the

aforesaid land and complied with all norms.

Thereafter, consent to operate (C.T.O) under the

provisions of water (prevention & Control of

pollution) Act, 1974 and Air (Prevention &

Control of Pollution) Act, 1981 was granted to

the petitioner by the Rajasthan State Pollution

Control Board. Also the ambient air quality

collected from 10 m away from Jaw Crusher was

found fit by the Rajasthan State Pollution

Control Board. That the petitioner had

established the stone crusher by fulfilling all

the norms and procedure by law. Thus the

petitioner is a law abiding citizen of India,

therefore the order deserves to be quashed and

set aside.
 99

d) That before the conversion of the aforesaid land

for crusher installation the NOC (No objection

certificate) as to the distance of crusher from

road was issued by Assistant Engineer, P.W.D.,

Sub-Division, Bhusawar (Bharatpur). The NOC (No

objection certificate) from Electricity

Department was also issued by Assistant Engineer

(O&M), Jaipur Discom weir. The NOC (No objection

certificate) was also issued by Gram Panchayat,

Ghatri, Panchayat Samiti Weir (Bharatpur) on the

pretext that there are many crushers already

running in the area and the Gram Panchayat has no

objection and issued a certificate in favor of

petitioner. Therefore the order deserves to be

quashed and set aside.

e) That the petitioner submitted an application on

14.03.2019 for Conversion of Agricultural Land to

Non Agricultural Purpose, to provide

accommodation and mess facilities to the

laborers. But even after this point no

consideration has been taken by the Tehesildar to

allow the conversion. Therefore the order

deserves to be quashed and set aside.

f) That the Rajasthan Micro, Small and Medium

Enterprises (Facilitation Of Establishment and

 100

Operation) Ordinance 2019 was issued on

04.03.2019 with a view to promote inclusive

economic growth and employment generation, the

state aims to address the specific needs of the

micro, small and mediums enterprises and promote

entrepreneurship. It is expedient to give effect

to exemption from certain approvals and

inspections required for establishment and

operation of micro, small and medium enterprises.

Even after the passing of this ordinance the

petitioner was harassed and threatened by the

Tehsildar. Therefore the order deserves to be

quashed and set aside.

g) That without giving notice to the petitioner the

Tehasildar decided the case Ex-Parte This order

was passed against the violation of Principles of

natural Justice. Therefore the order deserves to

be quashed and set aside.

h) That the crusher unit only crushes excavated

mineral in their plant for which they do not need

any blasting. And permission have already been

granted to carry out deep hole drilling and

blasting along with usage of heavy machinery in

the aforesaid Mining Leases by the Directorate

General of Mines Safety, Ghaziabad. The

 101

petitioner’s crusher do not harm the nature and

environment in any form as no harmful or

dangerous substance is used by the crusher unit.

Therefore the order deserves to be quashed and

set aside.

i)

1. PRAYER

It is therefore, most respectfully prayed

that this Hon’ble Court may kindly be

pleased to take this reply on record and

dismiss the writ petition to the extent of

the humble answering respondent no. 16 (M/s

Shri Jagdamba Stone Crusher) with heavy

costs.
 102

Any other relief that this Hon’ble Court

deems fit and proper be also granted in

favor of the answering respondent no. 16.

2. That the reply to stay application has been

filed separately.

3. That the contents of para 12 of PIL need no

reply.

Date: HUMBLE RESPONDENT NO.16

Place:

THROUGH ITS PARTNER

THROUGH COUNSELS

(VIMAL CHAUDHARY/GAURAV CHOUDHARY/

YOGESH KUMAR/KARTIKEYA SHARMA)

ADVOCATES
 103

NOTES:

1. That no such reply to writ petition (PIL) has

been filed earlier by the respondent no. 16.

2. This reply has been typed by my private steno

who is not an employee of this Hon’ble High

Court.

3. That the Pie papers are not available hence

typed on stout papers.

COUNSEL FOR THE RESPONDENT No. 16

 104

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR

D.B. CIVIL WRIT PETITION (PIL) NO. 17226/2016

Munesh Kumar Sharma and Ors.

Versus

State of Rajasthan and others

AFFIDAVIT IN SUPPORT OF REPLY TO WRIT PETITION (PIL)

I, Gulshan Singh S/o Shri Nirmal Singh, age around

48 years old, by caste Sikh, R/o Purana Bayana,

 105

Bus Stand, Bharatpur do hereby take oath and state

as under:-

1. That I am one of the partners in the

Respondent no. 16 firm in the above noted case

and am well conversant with the facts and

circumstances of the case.

2. That the annexed reply has been drafted under

my instructions by my counsel.

3. That the contents of the reply are true and

correct to my personal knowledge and legal

advice tendered to me by my counsel.

Place:

Date: DEPONENT

VERIFICATION

I the above named, deponent do hereby verify that the

contents of para no. 1 to 3 of above affidavit are true

and correct to the best of my knowledge and belief so

help me God.

Date:

Place: DEPONENT
 106

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR

D.B. CIVIL STAY APPLICATION NO._______/2016

IN

D.B. CIVIL WRIT PETITION (PIL) NO. 17226/2016

Munesh Kumar Sharma and Ors.

Versus

State of Rajasthan and others

REPLY TO THE STAY APPLICATION ON BEHALF OF

RESPONDENT NO.16 M/s SHRI JAGDAMBA STONE CRUSHER,

VILLAGE GHATARI, TEHSIL WEIR, DISTRICT BHARATPUR

To,

The Hon’ble Chief Justice and his other companion

Hon’ble Judges of Rajasthan High Court, Jaipur

MAY IT PLEASE YOUR LORDSHIPS:

The humble respondent no. 16 most respectfully

begs to submit this reply to the Stay Application

as under:

1. That the contents of para 1 of stay

application are admitted to the extent of

 107

filing of writ petition (PIL). The contents

of rest of the para are denied.

2. That the contents of para 2 of the stay

application are wrong and denied. No

irreparable loss will be caused to the

petitioners if interim order is not passed.

3. That the contents of reply be treated as part

and parcel of this stay application to avoid

unwanted repetition.

PRAYER

It is therefore most respectfully prayed that

this stay application may kindly be dismissed

with heavy costs.

Any other relief that this Hon’ble Court may

deem fit be also granted in favor of the humble

answering respondent no. 16.

Date: HUMBLE RESPONDENT NO. 16

Place:

THROUGH ITS PARTNER

THROUGH COUNSELS
 108

(VIMAL CHAUDHARY/GAURAV CHOUDHARY/

YOGESH KUMAR/KARTIKEYA SHARMA)

ADVOCATES

NOTES:

1. That no such reply to stay application has

been filed earlier by the respondent no. 16.

2. This no such reply to stay application has

been typed by my private steno who is not an

employee of the Hon’ble High Court.

3. That the Pie papers are not available hence

typed on stout papers.

COUNSEL FOR THE RESPONDENT No. 16

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR

 109

D.B. CIVIL STAY APPLICATION NO._______/2016

IN

D.B. CIVIL WRIT PETITION (PIL) NO. 17226/2016

Munesh Kumar Sharma and Ors.

Versus

State of Rajasthan and others

AFFIDAVIT IN SUPPORT OF REPLY TO STAY APPLICATION

I, Gulshan Singh S/o Shri Nirmal Singh, age around

48 years old, by caste Sikh, R/o Purana Bayana,

Bus Stand, Bharatpur do hereby take oath and state

as under:-

1. That I am one of the partners in the

Respondent no. 16 firm in the above noted case

and am well conversant with the facts and

circumstances of the case.

2. That the annexed reply to stay application has

been drafted under my instruction by my

counsel.
 110

3. That the contents of the reply to stay

application are true and correct to my

personal knowledge and legal advice tendered

to me by my counsel.

Place:

Date: DEPONENT

VERIFICATION

I the above named, deponent do hereby verify that the

contents of para no. 1 to 3 of above affidavit are true

and correct to the, best of my knowledge and belief so

help me God.

Date:

Place: DEPONENT