Rajasthan High Court closes illegal mining PIL, warns lease holders of cancellation for repeat violations

Jaipur: The Rajasthan High Court has closed a public interest litigation alleging illegal mining and encroachments on Derwala Pahadi in Jhunjhunu district, recording in an order dated Jul 06, 2026 that the illegal activity had since been stopped and warning that regular mining lease holders who indulge in additional illegal mining beyond their sanctioned area risk cancellation of their lease deeds.

A Division Bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Maneesh Sharma was informed, on notices being issued to the respondent authorities, that the illegal mining being carried out in the area had now been stopped, that action had been taken against those responsible, and that penalties had been imposed. The respondents further assured the Court that no illegal mining would be permitted in the area in future, and that strict vigil would continue to be maintained by the Mining Department.

The writ petition (PIL) was filed by four residents of Jhunjhunu district — Surendra Kumar, Ram Niwas Beniwal, Inder Singh, and Karan Singh Modsara — against the State of Rajasthan and its revenue and mining authorities, including the District Collector, the Sub-Divisional Magistrate, the Tehsildar, the Mining Engineer, and the Superintending Mining Engineer, Jaipur Circle. M/s Meel Minerals, a private mining concern operating in the area, was also arrayed as a respondent. Learned counsel appearing for the petitioners submitted that the petition raised the issue of illegal mining activities and encroachments being carried out on Derwala Pahadi, Gram Panchayat Derwala.

Beyond recording the respondents’ assurances, the Bench placed a continuing obligation on lawful lease holders themselves to prevent illegal mining in the area, cautioning that lease holders found indulging in mining beyond their sanctioned limits would face cancellation of their leases. The Court observed:

“We observe that apart from the above, it is also the duty of the concerned miners who have been allotted regular mining leases to see that no illegal mining is conducted in the area. Often, the persons who are granted mining leases, themselves indulge in additional illegal mining of the area, which if found, should result in cancellation of their lease deeds itself. In the future, if such activity is found, it will be open for the Mining Engineer to cancel the lease of the existing mining lease holders also.”

With this observation, the Bench closed the PIL, granting liberty to the petitioners to approach the Court afresh in the event of any recurrence of illegal mining in the area. The order was marked “Reportable”, and it did not record any specific finding against, or direction to, any individual official or the private respondent, the disposal resting instead on the assurances placed on record and the standing direction issued for the future.

Title: Surendra Kumar & Ors. v. State of Rajasthan & Ors.

Case No.: D.B. Civil Writ Petition No. 793/2020

Citation: [2026:RJ-JP:25178-DB]

Counsel for petitioner: Mr. Dharam Veer Tholia with Mr. Himanshu Tholia

Counsel for respondent: Mr. Lokesh Sharma with Ms. Anzum Praveen; Mr. Sankalp Vijay, AAAG with Ms. Monisha Agarwal, Adv. for the State