[2025:RJ-JP:29999] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11332/2025 M/s Brijwasi Stone Grit Udyog, Through Its Authorised Signatory Sh. Shabbir Khan (Partner) Having Its Registered Office At Village Chinawada, Tehsil-Pahadi, District-Bharatpur (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Mines And Petroleum- Government Of Rajasthan At Secretariat, Jaipur (Rajasthan). 2. Directorate Of Mines And Geology-Rajasthan, Through The Director, Situated At Khanij Bhawan, Shastri Circle, Udaipur (Rajasthan). 3. Office Of The Mining Engineer-Bharatpur, Through The Mining Engineer, Department Of Mines And Geology- Bharatpur, Situated At Khanij Bhawan, Bharatpur (Rajasthan). 4. Senior Audit Officer, Audit Inspection Team, Situated At Office Of The Accountant General, Rajasthan At Jaipur (Rajasthan). ----Respondents For Petitioner(s) : Mr. David Mehla For Respondent(s) : Mr. Jaivardhan Joshi for Mr. Bharat Vyas-AAG JUSTICE ANOOP KUMAR DHAND Order 05/08/2025 1. By way of filing this writ petition, a challenge has been led to the impugned notice dated 12.04.2024 passed by the respondent No.3 by which the petitioner has been alleged to have conducted illegal mining and a fine has been imposed on the petitioner on the basis of the audit of the mining lease issued to him. [2025:RJ-JP:29999] (2 of 3) [CW-11332/2025] 2. Counsel for the petitioner submits that the demand cannot be raised simply on the basis of the audit objection. In support of his contentions, he has placed reliance upon the judgment passed by this Court in the case of Modi Levigated Kaolin Pvt. Ltd. Vs. State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 13864/2020, decided on 12.12.2024) and the judgment passed by Principal Seat at Jodhpur in the case of Ambuja Cements Ltd. Vs. The State of Rajasthan (D.B. Special Appeal Writ No. 841/2017, decided on 02.04.2019). Counsel submits that respondents be directed to proceed in accordance with law in the light of the orders passed by Co-ordinate Bench and Division Bench of this Court in the cases of Modi Levigated Kaolin (Supra) and Ambuja Cements (Supra). 3. Per contra, counsel for the respondents opposed the arguments raised by counsel for the petitioner and submitted that the petitioner was conducting illegal mining on the subject land and when the matter was examined, an audit objection was taken and on the basis of the same, the recovery notice has been issued to the petitioner. Counsel submits that reply to the aforesaid notice has already been submitted by the petitioner and the matter is yet to be decided by the authorities, hence interference of this Court is not warranted. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Considering the arguments put forward by counsel for the petitioner and looking to the fact that the impugned notice of [2025:RJ-JP:29999] (3 of 3) [CW-11332/2025] recovery has been issued against the petitioner on the basis of objection raised by the audit and reply to the aforesaid notice has already been submitted by the petitioner. The matter has not being finalized as yet, hence this Court deems it just and proper to dispose of the present writ petition, granting liberty to the petitioner to place copies of the orders dated 02.04.2019 and 12.12.2024 passed by this Court in the case of Modi Levigated Kaolin (supra) and Ambuja Cements Ltd. (Supra) before the respondents. The respondents are expected to pass fresh orders, after taking into the account, the orders dated 02.04.2019 and 12.12.2024 passed by this Court in the cases of Ambuja Cements (Supra) and Modi Levigated Kaolin (Supra) within a period of three months from the date of receipt of the certified copy of this order. 6. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/43