M/S BALAJI BREWING AND DISTILLERY PVT. LTD. v. STATE OF RAJASTHAN
CW/13911/2026 · 2026-08-18
Anand Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14047 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14047 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:32943] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13911/2026 CNR: RJHC020719222026 | URN: CW / 30155U / 2026 M/s Balaji Brewing And Distillery Pvt. Ltd., Through Authorised Signatory Shri Manish Kumar S/o Shri Dev Karan, Aged About 42 Years, Having Its Regsitered Office At 731, 7Th Floor, Kuber Complex, Mall Of Jaipur, Gandhi Path, Vaishali Nagar, Jaipur- 302021 ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary To Government Of Rajasthan, Department Of Mines And Geology, Government Of Rajasthan, Jaipur.
2. Directorate Of Mines And Geology, Through The Director, Mines And Geology, Khanij Bhawan, Shastri Circle, Udaipur(Rajasthan).
3. Additional Director (Mines), Department Of Mines And Geology, Jaipur Range, Jaipur.
4. Mining Engineer, Department Of Mines And Geology, Jhunjhunu, Rajasthan. ----Respondents For Petitioner(s) : Mr. Jaivardhan Singh Shekhawat For Respondent(s) : Mr. Rahul Lodha, AGC Mr. Ajay Choudhary for Mr. Sandeep Singh Shekhawat HON'BLE MR. JUSTICE ANAND SHARMA
Order 18/08/2026
1. Petitioner has filed this writ petition against the order dated 23.07.2026 passed by Mining Engineer Mines and Geology Department, Jhunjhunu whereby royalty check post/Naka earlier sanctioned to the petitioner near Parthavi Stone Crusher, Moda Pahar, Jhunjhunu has been terminated.
[2026:RJ-JP:32943] (2 of 3) [CW-13911/2026]
2. Principal ground to challenge order dated 23.07.2026, as argued by the petitioner is that the same has been passed without giving any opportunity of hearing whatsoever to the petitioner whereas admittedly, the check post was established after due approval of respondent-authorities. Learned counsel submits that it is settled proposition of law that no order, which adversely affects civil rights of any person can be passed without following the principles of audi alteram partem.
3.
Learned counsel for the respondents opposed the writ petition and submitted that there is no provision whatsoever for granting any opportunity of hearing prior to cancellation of any royalty check post, particularly when upon preliminary investigation, the authorities arrive at the conclusion that there is no requirement to continue such check post.
4. Heard learned counsel for the parties and perused the record.
5. The allegation leveled by the petitioner that order dated 23.07.2026 has been passed by Mining Engineer, Jhunjhunu without giving any opportunity of hearing has not been controverted by the respondents in reply to the writ petition. Thus, it is evidently clear that the order impugned has been passed in violation of principles of natural justice therefore, it cannot be allowed to stand in the eyes of law.
6. For the reasons mentioned above, the order dated 23.07.2026 is hereby quashed and set-aside.
7. It is made clear that since, the only reason for quashing the order dated 23.07.2026 is non-compliance of principles of natural justice therefore, mere quashing of order dated
[2026:RJ-JP:32943] (3 of 3) [CW-13911/2026] 23.07.2026 would not prevent the respondent-authorities from passing a fresh order, after making due compliance of principles of natural justice and after giving due notice to the petitioner demonstrating the reasons in brief for proposed cancellation, duly supported by the material, if any.
8. In case, any notice is issued by the respondents, the petitioner shall file its reply within a period of 7 days from the date of receiving the notice, and after receiving the reply, if any, the respondents shall objectively consider the same and shall adjudicate the notice by way of passing a speaking and reasoned
order.
9. It is also made clear that in case, in consequence of quashing of impugned order, any activities are carried out by the petitioner, it goes without saying that such activities shall be continued subject to strict compliance of provisions of law.
10. Hence, the writ petition stands disposed of, accordingly.
11. Pending application(s), if any, shall also stand disposed of.
(ANAND SHARMA),J 133/NEERU