NARENDRA SINGH DHAKAD S/O SHYAMLAL DHAKAD v. THE STATE OF RAJASTHAN
CW/14600/2023 · 2025-07-12
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 28375 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28375 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:25874] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14600/2023 Narendra Singh Dhakad S/o Shyamlal Dhakad, Aged About 53 Years, R/o Village Acholi, Tehsil Bayana, District Bharatpur. ----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Department Of Mining And Geology, Govt. Of Rajasthan, Secretariat, Jaipur.
2. The Director, Directorate Of Mines And Geology, Khanji Bhawan, Shashtri Circle, Udaipur.
3. The Additional Director Mines, Department Of Mining And Geology, Udyog Bhawan, Tilak Marg, Jaipur.
4. The Superintendent Mining Engineer, Department Of Mining And Geology, Bharatpur, Khanji Bhawan, Supermarket, Bharatpur.
5. The Assistant Mining Engineer, Department Of Mining And Geology, Roopwas, Opposite Police Station, Dholpur Road, Roopwas, District Bharatpur. ----Respondents For Petitioner(s) : Mr. Ajeet Bhandari-Sr. Advocate with Mr. Ankit Agarwal For Respondent(s) : Mr. Praveer Sharma for Mr. Jaivardhan Singh Shekhawat JUSTICE ANOOP KUMAR DHAND
Order 12/07/2025
1. Aggrieved by the impugned order dated 20.07.2018 passed by the respondents by which the application submitted by the petitioner has been decided without affording him opportunity of hearing.
[2025:RJ-JP:25874] (2 of 3) [CW-14600/2023]
2. Counsel for the petitioner submits that before passing the aforesaid order, neither any notice nor any opportunity of hearing was provided to him and straightway the order impugned has been passed, which has resulted in volition of the principles of natural justice, so the present writ petition may be disposed of by issuing direction to the respondents to grant him an opportunity of hearing and pass fresh order.
3. Counsel for the respondent is not in a position to controvert the submissions made by counsel for the petitioner.
4. Considering the above factual aspect of the matter and looking to the fact that prior to passing the aforesaid order dated 20.07.2018, no opportunity of hearing was provided to the petitioner and straightway the impugned order has been passed, which has resulted in violation of the principles of natural justice.
5. It is the settled proposition of law that before passing any adverse order against a person, it is incumbent to the authorities concerned to provide him an opportunity of hearing but herein the instant case, no opportunity of hearing was provided to him, hence under these circumstances, the impugned order is not sustainable in the eyes of law and the same is liable to be and is hereby quashed and set aside and the matter is remitted to the respondent to pass fresh order, after providing due opportunity of hearing to the petitioner.
6. The present writ petition stands disposed of, accordingly. Stay application and all pending application(s), if any, also stand
disposed of.
[2025:RJ-JP:25874] (3 of 3) [CW-14600/2023]
7. Needless to observe that the entire excerise would be done by the respondents within a period of four weeks from the date of receipt of the certified copy of this order.
(ANOOP KUMAR DHAND),J Ashu/37