Govind Lal vs State Of Rajasthan And Ors
2022 Latest Caselaw 9343 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8291/2017

Govind Lal, S/o. Sh. Gouri Shankar Ji Agarwal, Resident Of Mangal Deep, 2 Panchwati, Udaipur, District- Udaipur Raj. Through Authorized Power Attorney Holder Mahesh Kumar Saheewala S/o Late Shri Lal Singh Saheewala, Aged About 58 Years R/o S-28, Nai Abadi, Asotiya Road, Kankroli, Dist. Rajsamand.

----Petitioner Versus

1. State Of Rajasthan Through Its Secretary, Mines And Geology Department Secretariat, Jaipur.

2. Director, Mines And Geology Department, Khanijbhawan, Dmg, Shastri Circle, University Road, Udaipur.

3. Mining Engineer, Rajsamand-1St Mines And Geology Department, Rajasthan. Opp. R.k. Hospital, Dhoinda, Dist. Rajsamand.

4. Superintending Mining Engineer, Rajsamand-1St Mines And Geology Department, Rajasthan. Opp. R.k. Hospital, Dhoinda, Dist. Rajsamand.

----Respondents

For Petitioner(s) : Mr. Vikas Balia, Sr. Adv. with Mr. Hemant Ballani For Respondent(s) : Mr. Sandeep Shah, AAG with Ms. Pratiyushi Mehta

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

18/07/2022

Heard learned counsel for the parties.

Learned counsel for the petitioner submits that the impugned

demand order dated 23.06.2017 (Annex.19) was issued without

following the principles of natural justice.

(2 of 2) [CW-8291/2017]

Learned counsel for the parties are in agreement that the

controversy involved in the present case is squarely covered by

the judgment of the Division Bench of this Court in Ambuja

Cements Ltd. Vs. The State of Rajasthan & Ors. reported in

2019 (3) WLN (Raj.).

In view of the above, the writ petition is allowed. The

impugned demand order dated 23.06.2017 (Annex.19) is quashed

and set aside. The respondents are at liberty to proceed against

the petitioner after giving him a reasonable opportunity of hearing

strictly in accordance with law.

(VINIT KUMAR MATHUR),J 44-/praveen/-

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