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2025 DAILYLAW 20962 (RAJ)

M/S KISHORI LAL PATEL v. STATE OF RAJASTHAN

CW/8755/2025 · 2025-05-30

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:22849] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.8755/2025 M/s Kishori Lal Patel, Through The Proprietor Smt. Rajni Meena W/o Sh. Harkesh Meena, Resident Of Village Chainpur Ka Pura, Post-Barriya, Tehsil And District-Karauli (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Department Of Mines And Geology, Government Secretariat, Jaipur. 2. Directorate Of Mines And Geology Rajasthan, Through The Additional Director, Mines And Geology, Kota Range, Kota. 3. Department Of Mines And Geology-Karauli, Through The Mining Engineer Karauli, Situated Near Zila Parishad Office And City Park, Khanij Bhawan, Karauli (Rajasthan). ----Respondents For Petitioner(s) : Mr. Sandeep Singh Shekhawat with Mr. Akshay Dutt Sharma For Respondent(s) : Mr. Jaiwardhan Joshi for Mr. Bharat Vyas, AAG JUSTICE ANOOP KUMAR DHAND Order 30/05/2025 1. Learned counsel for the petitioner submits that at the time of issuance of impugned notice dated 24.04.2025, a reference of letter dated 23.04.2025 issued by the Director, Department of Mines and Geology is mentioned in the impugned notice, but neither the copy of the said letter nor the ex parte calculation report prepared by the respondents was supplied and straightway the impugned notice has been issued to the petitioner to deposit the penalty amount. Learned counsel submits that unless and until [2025:RJ-JP:22849] (2 of 2) [CW-8755/2025] these relevant documents are furnished to the petitioner, he is not in a position to submit adequate and proper reply, so under these circumstances, interference of this Court is warranted. 2. Per contra, learned counsel for the respondents opposes the arguments raised by learned counsel for the petitioner and submits that when inspection was done, it was found that there were illegal mining activities conducted, hence, penalty has been imposed upon the petitioner by issuing impugned notice dated 24.04.2025. Learned counsel submits that till date no order has been passed against the petitioner, simply a notice has been issued. Learned counsel submits that in case, the petitioner desires the requisite documents, i.e., calculation report and copy of the letter dated 23.04.2025 issued by the Director, Department of Mines & Geology, the same would be supplied to him, if he files an application in this regard. 3. Considering the above statement made by learned counsel for the respondents, the instant writ petition stands disposed of by issuing directions to the respondents to supply a copy of the calculation report along-with the letter dated 23.04.2025 issued by Director, Department of Mines and Geology to the petitioner before passing final order against the petitioner. 4. The petitioner would be at liberty to submit his reply. The respondents would consider the same and pass adequate orders strictly in accordance with law. 5. Stay application as well as all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/463