INDER MAL TAILOR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed with the following prayer:-

(2.) Learned counsel for the petitioner draws attention of this Court towards the order dtd. 28/12/2018 (Annexure-11) passed by the Mining Engineer, Mines And Geology Department Rajasthan, Chittorgarh wherein it was categorically stated that the mining done by the petitioner did not come in the definition of illegal mining and that after 2010 the mining which has been done by the petitioner shall not come in the definition of illegal mining but the impugned orders dtd. 14/12/2018 (Annexure-10) passed by Superintending Engineer, Mines and Geology Department, Udaipur and order dtd. 28/12/2018 (Annexure-11) passed by Mining Engineer, Mines And Geology Department Chittorgarh, Rajasthan did not afford the petitioner an opportunity of hearing and while holding that the petitioner has conducted illegal mining, a demand notice of Rs.5,59,827,40.00 has been raised. Thus, the learned counsel for the petitioner makes a submission that the impugned orders dtd. 14/12/2018 (Annexure-10) and 28/12/2018 (Annexure-11) are contrary to the stand of the Additional Director (Mines), Mines And Geology Department Rajasthan, Udaipur vide its letter dtd. 26/6/2018 (Annexure-17) wherein the petitioner has been held to be not falling in the definition of conducting illegal mining. The relevant part of the letter dtd. 26/6/2018(Annexure-17) reads as under:- <IMG>JUDGEMENT_116_LAWS(RAJ)10_2023_1.jpg</IMG>

(3.) Learned counsel for the respondent-department is not in a position to refute the same however, draws the attention of this Court towards the order dtd. 17/5/2023 passed in SBCWP No.1194/2019 wherein the present petitioner had given challenge to the certain orders and the prayer is reproduced hereunder:-