SUBHASH CHAND MUKESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Although, as per order of this Court dtd. 1/9/2022, the matter was to be heard on stay application; but, on the request of the learned counsels for the respective parties, the writ petition itself was heard on its merit at this stage.

(2.) This writ petition has been filed for quashing and setting aside the enquiry report dtd. 20/2/2020, enquiry report dated 8-9/4/2021, the show cause notice dtd. 22/6/2020, the orders dtd. 11/8/2020, 28/12/2021 and 30/12/2021 with a direction to the respondents to immediately restore the mining operation and business of the petitioner by issuing e-ravanna and refrain them from creating any hindrance or obstruction in the mining operation.

(3.) The relevant facts in brief as emerge from the memo of writ petition are that the petitioner is a partnership firm having in its favour a mining lease no.03/1993, Village Bhonda Gaon, Jagjeevanpur, Tehsil Weir, District Bharatpur which, initially was issued for mineral Silica sand and later on, mineral masonry stone was also added therein. Validity of the mining lease is upto 9/6/2047 and the petitioner has environment clearance from the Ministry of Environment and Forest for the mining activities. The petitioner was served upon with a show cause notice dtd. 22/6/2020 by the respondents, whereby, alleging irregularities in the mining activities, a fine of Rs.4,51,75,677.00 was proposed. The notice was replied by the petitioner on 6/8/2020. Vide order impugned dtd. 11/8/2020, a demand of Rs.4,51,75,677.00 was raised towards fine and compound fee alleging illegal excavation and transfer of the minerals.