[2025:RJ-JP:44386] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12534/2025 M/s Stone Shippers, A Registered Partnership Firm Having Its Office At Through Its Authorized Signatory Vishnudutt Sharma S/o Kedarnath Sharma, Aged About 47, Years, R/o 1-F-25 Vigyan Nagar Kota Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through The Secretary, Mines Department, Government Of Rajasthan Secretariat Jaipur. 2. The Director, Department Of Mines And Geology, Udyog Bhawan Rajasthan Grameen Aajeevika Vikas Parishad, Udyog Bhawan, C Scheme, Ashok Nagar, Jaipur, Rajasthan 302005 3. The Superintendent Mining Engineer, Circle, Udyog Bhawan, C Scheme, Ashok Nagar, Jaipur, Rajasthan 302005 4. The Mining Engineer, Mines And Geology, Mines Bhawan, Jyotiba Phoole Girls Hostel Ke Pass, Beebanva Road New Housing Board Bundi. ----Respondents For Petitioner(s) : Mr. Chirayu Sharma, Adv. on behalf of Mr. Abhishek Pareek, Adv. For Respondent(s) : Mr. Shubham Gupta, Adv. for Mr. Rahul Lodha, AGC HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 04/11/2025 1. This petition has been filed seeking following relief:- "It is, therefore, most humbly prayed that your lordships may graciously be pleased to admit and allow this writ petition and (i) In view of the above, the Petitioner most respectfully prays that this Hon'ble Court may be pleased to: [2025:RJ-JP:44386] (2 of 3) [CW-12534/2025] (ii) Issue a writ of certiorari or any other appropriate writ for quashing the impugned penalty order dated 02.07.2025 and quash the letter dated 03.07.2025 bearing reference no. 16296940 and any consequential proceedings including auction notice, if any; (iii) Issue a writ of mandamus directing the Respondents not to take any coercive steps or recovery proceedings against the Petitioner until a lawful adjudication of the reply and objections filed by the Petitioner; (iv) Issue a writ of mandamus directing the Respondents to allow the Petitioner to function its business as per the Rules and provisions of the act. (v) Any other appropriate writ, order or direction which the Hon'ble Court may deem fit and proper may kindly be passed in favour of the Petitioners." 2. Learned counsel for the petitioner submits that the respondents have raised a demand of Rs.40,16,000/- against the petitioner vide order dated 02.07.2025. Based on the aforesaid order, a demand letter dated 03.07.2025 was issued by the respondents, against which, the petitioner has filed an Appeal No.241/2025 before the learned Additional Director Mining, Kota (hereinafter referred to as learned 'Appellate Court'). The appeal is still pending and has not been disposed of, whereas, the respondents are going to take coercive action against the petitioner to recover the penalty imposed against the petitioner. Learned counsel prays that, until the appeal is decided by the learned Appellate Court, the respondents be directed not to take any coercive action against the petitioner. 3. Learned counsel for the petitioner further prays that the petition may be disposed of, with the direction to the learned [2025:RJ-JP:44386] (3 of 3) [CW-12534/2025] Appellate Court to decide the pending appeal filed by the petitioner, in an expeditious manner. 4. Learned counsel for the respondents has no objection, if such directions are given. 5. In that view of the matter, this petition is disposed of, with direction to the learned Additional Director Mining, Kota to decide the appeal filed by the petitioner within a period of three weeks from the date of receipt of certified copy of this order. 6. It is made clear that the petitioner shall be at liberty to take other remedies in accordance with law after the decision passed by learned Additional Director Mining, Kota. 7. Stay application and other pending applications, if any, also stand disposed of. (ASHUTOSH KUMAR),J Mohita /134