Citation : 2025 Latest Caselaw 9737 Raj
Judgement Date : 21 August, 2025
[2025:RJ-JD:37549]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15844/2025
Naman Choudhary S/o Shri Ramesh Choudhary, Aged About 27
Years, Resident Of Near Transport Company, Khariya Khangar,
Tehsil Bhopalgarh, District Jodhpur, Rajasthan.
----Petitioner
Versus
1. The State of Rajasthan, Through Secretary, Department
of Mines And Geology, Jaipur, Rajasthan.
2. The Director, Mines And Geology Department, Udaipur.
3. The Superintending Mining Engineer, Mines And Geology
Department, Ajmer.
4. The Mining Engineer, Mines And Geology Department,
Nagaur.
5. The Assistant Mining Engineer, Mines And Geology, Gotan,
District Nagaur.
----Respondents
For Petitioner(s) : Mr. Ankur Mathur
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
21/08/2025
1. By way of filing the instant writ petition under Article 226 of
the Constitution of India, the petitioner has prayed for the
following relief:-
"It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and :-
i. By an appropriate writ, order or direction, the impugned show cause notice dated 11.07.2025 (Annex. 7), issued by respondent No. 5 may kindly be declared highly arbitrary, unjust and same may kindly be quashed and set aside; ii. Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner."
2. Heard learned counsel for the petitioner and perused the
material available on record.
[2025:RJ-JD:37549] (2 of 3) [CW-15844/2025]
3. Upon perusal of the case file, this Court finds that the
petitioner is aggrieved by the issuance of show-cause notice dated
11.07.2025 addressed to him by the respondent No.5 on the
ground that there is a discrepancy found in the petitioner's mineral
stock at the stock point for Mining Lease No.11/24 near villages
Jhintiya and Suriyas, Tehsil Riyam Badi, District Nagaur.
4. Since the present writ petition has been filed against the
show-cause notice dated 11.07.2025, this Court is not inclined to
entertain the same on the merits of the case, however, this Court
deems it just and appropriate to dispose of the instant writ
petition with liberty to the petitioner to file a fresh representation
alongwith certified copy of the instant order within a period of two
weeks from today before the respondent No.5 - The Assistant
Mining Engineer, Mines and Geology, Gotan, District Nagaur.
4. In case the representation is so made, the respondent No.5
shall consider the same in accordance with law, so also keeping in
view the judgment dated 01.05.2007 passed by the Division
Bench of this Court in the case of "Mewar Marbles Ltd. Vs. State of
Rajasthan & Ors." (D.B. Civil Special Appeal (W) No.236/2007),
preferably within a period of six weeks of receipt thereof and shall
pass a reasoned and speaking order.
5. It is made clear that till the fresh representation to be filed
by the petitioner within a period of two weeks from today is
decided by the respondent No.5, no coercive action in pursuance
to the show-cause notice dated 11.07.2025 shall be taken against
the petitioner.
6. It is also made clear that in case, an order adverse to the
interest of petitioner is passed by the respondent No.5, then the
[2025:RJ-JD:37549] (3 of 3) [CW-15844/2025]
petitioner shall be at liberty to approach appropriate legal forum
for redressal of his grievences.
7. With the aforesaid directions, the present writ petition as
well as the stay petition stand disposed of.
(KULDEEP MATHUR),J 30-Dinesh/-
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