[2026:RJ-JP:20089] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8492/2026 M/s Shree Banke Bihari Stone Crusher, Village Naval Kushalpura, Tehsil Kotputli, Dist. Kotputli-Behror (Raj.)-303105, Through Its Authorized Representative, Shri Shreedhar Agarwal, S/o Shri Seetaram Agarwal, Aged About 32 Years, R/o 210, Lathiyo Ka Mohalla, Nareda, Kotputli-Behror Raj.-303105 ----Petitioner Versus 1 State Of Rajasthan, Through Its Principal Secretary, Department Of Mines And Geology, Secretariat, Jaipur (Raj.) 2 The Joint Secretary Mines, Department Of Mines And Geology, Secretariat, Jaipur (Raj.) 3 The Director, Department Of Mines And Geology, Court Circle, Udaipur (Raj.) 4 The Assistant Mining Engineer, Department Of Mines And Geology, Kotputli, Rajasthan ----Respondents For Petitioner(s) : Mr. Arvind Soni For Respondent(s) : Mr. Rahul Lodha AGC for Mining Dept. HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 12/05/2026 1. Issue notice. 2. Mr. Rahul Lodha, learned AGC for mining department, accepts notice on behalf of respondent No. 4. 3. The present writ petition has been filed with the following prayers:- “a.) By issuance of appropriate writ, order or direction, including a Writ of Certiorari, quashing and setting aside the impugned show cause notices dated 18.3.2026 (ANNEXURE-7) and (ANNEXURE-9) passed by A.M.E, [2026:RJ-JP:20089] (2 of 5) [CW-8492/2026] Kotputli Respodnent No. 4, as being illegal, arbitrary and being violative of principle of Natural Justice. b.) By issuance of an appropriate writ, order or direction, declare the alleged drone survey, forming the sole basis of impugned show-cause notice, to be illegal, void and non est in the eyes of law, having been conducted without prior notice or intimation to the petitioner and in violation of settled legal principle; c.) By issuance of appropriate writ, order or direction the respondents be directed to initiate the official fixing and verification of boundary pillar coordinates digitally before any drone survey is initiated and; d.) By necessary writ, order and direction be pleased to direct the respondent Mining Department to refrain from compulsorily enforcing Drone survey inspection upon the Petitioner, until the time respective SOP is framed using effective scientific technology; e.) By necessary writ, order and direction be pleased to direct that if any pre judicial order is passed during pendency of Writ Petition, may also be set aside; f.) Any other order or direction, which this Hon’ble Court may deem fit and proper also be passed in favour of the petitioner.” 4. The primary grievance raised in the writ petition is that the impugned show cause notices dated 18.03.2026 and 19.04.2026 (Annexures-7 and 9 respectively) deserve to be quashed and set aside on the ground that no prior notice or intimation regarding the alleged drone survey was given to the petitioner, thereby violating settled legal principles and the principles of natural justice. 5. Learned counsel for the petitioner has relied upon the order dated 20.01.2026 passed by the Co-ordinate Bench of this Court [2026:RJ-JP:20089] (3 of 5) [CW-8492/2026] at Jodhpur in S.B. Civil Writ Petition No. 930/2026, wherein the Court observed as under:- “4. Thus, taking into consideration the facts and circumstances of the case, the present writ petition is allowed in the same terms as in the case of Babu Bhai Patel (supra). The show cause notice dated 23.12.2025 (Annex-6), is quashed and set aside. the State Government is given liberty to undertake fresh survey through physical mode/drone after giving notice to the petitioner and thereafter if any recovery is due to the petitioner, the same be made in accordance with law.” 6. Learned counsel for the petitioner has also placed reliance upon the orders dated 25.02.2026 passed in S.B. Civil Writ Petition No. 3778/2026 and dated 06.04.2026 passed in S.B. Civil Writ Petition No. 6222/2026 by the Co-ordinate Bench of this Court at Jodhpur in support of the reliefs sought. 7. Per contra, learned counsel for the respondent has relied upon the order dated 27.04.2026 passed by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No. 6565/2026, wherein the following order was passed:- “1. The present writ petition has been filed by the petitioner with the following prayers:- “It is, therefore, humbly prayed that Your Lordships may graciously be pleased to call for entire record of this case and after examining the same, admit and allow this writ petition by issuing an appropriate writ, order or direction:- (i) The impugned notice dated 18.3.2026 (Annexure-4) issued by the Assistant Mining Engineer, Kotputli be quashed and set aside. (ii) The respondents be directed not to take any coercive action against the petitioner. (iii) any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also kindly be passed in favour of the Petitioner. [2026:RJ-JP:20089] (4 of 5) [CW-8492/2026] (iv) Cost of the litigation may kindly be passed in favour of the petitioner.” 2. As the challenge has been made to the show cause notice dated 18.03.2026 (Annexure-4) and the learned counsel for the respondent submits before the Court that the respondents are withdrawing the impugned show cause notice dated 18.03.2026, in support of which, a communication dated 19.04.2026 has already been placed on record, nothing further survives in the writ petition as the grievance raised by the petitioner stands redressed. 3. However, the respondents would be at liberty to initiate afresh proceedings by issuing a fresh show cause notice, but only after supplying a copy of the drone survey report dated 14.11.2025 to the petitioner and allowing it liberty to put forward its stand. Further, the petitioner would also have the liberty to avail remedies as available in law for redressal for its grievances, if they still survives. 4. With the aforesaid directions, the writ petition stands disposed of. 5. Pending application(s), if any, also stands disposed of.” 8. Relying upon the aforesaid order, learned counsel for the respondents submits that the respondents are withdrawing the show cause notices dated 18.03.2026 (Annexure-7) and 19.04.2026 (Annexure-9). 9. Learned counsel for the respondents, therefore, submits that the present writ petition may also be disposed of in terms of the order dated 27.04.2026 passed in S.B. Civil Writ Petition No. 6565/2026. 10. Considering the submissions made by learned counsel for the parties and the order passed by the Co-ordinate Bench dated 27.04.2026, this Court deems it appropriate to dispose of the present writ petition in the following terms:- “a.) Since the challenge in the present writ petition is to the show cause notices dated 18.03.2026 [2026:RJ-JP:20089] (5 of 5) [CW-8492/2026] (Annexure-7) and 19.04.2026 (Annexure-9), and the respondents have expressed their intention to withdraw the said notices, nothing further survives for adjudication in the present writ petition and the grievances raised by the petitioner stand redressed. b.) However, the respondents shall be at liberty to initiate fresh proceedings by issuing a fresh show cause notice, but only after supplying a copy of the drone survey report dated 14.11.2025 to the petitioner and granting the petitioner an opportunity to put forward its stand. c.) The petitioner shall also be at liberty to avail remedies available under law for redressal of its grievances, if the same still survive.” 11. After dictation of the order, learned counsel for the petitioner submitted that the petitioner has also challenged the drone survey report itself. 12. This Court, upon perusal of the prayers reproduced hereinabove, finds that there is no specific challenge to the drone survey report dated 14.11.2025. 13. Accordingly, this Court finds no distinguishing feature between the present writ petition and the matter decided by the Co-ordinate Bench vide order dated 27.04.2026 passed in S.B. Civil Writ Petition No. 6565/2026. 14. Pending applications, if any, stand disposed of. (BIPIN GUPTA),J KRATIKA /42