Birbalram vs State Of Rajasthan
2021 Latest Caselaw 15371 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12006/2021

Birbalram S/o Shri Ganesharam, Aged About 65 Years, Resident Of Randhisarnaya Baas, Tehsil Sujangarh, District Churu, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Director, Department Of Mines And Geology, Khanij Bhawan, Shastri Circle, Udaipur, City, Udiapur.

2. Mining Engineer, Deptt Of Mines And Geology, Khanij Bhawan, Chopra Katla, Rani Bazar, Bikaner.

3. Assistant Mining Engineer, Deptt Of Mines And Geology, Near Malji Ka Kamra, Old Sales Tax Office Building, Kothariya Ka Mohalla, Churu.

----Respondents

For Petitioner(s) : Mr. Sharad Kothari For Respondent(s) : Mr. D.S. Jasol, AGC

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

04/10/2021

This writ petition has been filed by the petitioner being

aggrieved with the order dated 24.06.2021 (Annex.4) whereby,

the respondent - Mining Department has asked the petitioner to

deposit an amount of Rs.66,17,661/- within a period of thirty

days. It is further submitted that before raising such demand

dated 24.06.2021 (Annex.4), no opportunity of hearing was given

to the petitioner.

Mr. D.S. Jasol, learned AGC appearing for the respondent -

Mining Department while refuting the allegation levelled by

(2 of 2) [CW-12006/2021]

learned counsel for the petitioner has that the order dated

24.06.2021 (Annex.4) has been passed as per norms.

Be that as it may, after hearing learned counsel for the

parties, this writ petition is disposed of with liberty to the

petitioner to move a representation before the respondent No.3 -

the Assistant Mining Engineer against the order dated 24.06.2021

(Annex.-4) within a period of fifteen days from today.

If any such representation is filed by the petitioner, it is

expected that the respondent No.3 shall consider and decide the

same within the period of ten days after providing opportunity of

hearing to him.

Ordered accordingly.

Till the decision is taken by the respondent No.3 on the

representation filed by the petitioner, no coercive action shall be

taken against him.

Stay petition is also disposed of.

(VIJAY BISHNOI),J

35-Arun/-

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