DINESH KUMAR Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) Heard on admission.

(2.) This intra court appeal is directed against the order dated 21.03.2012 passed by the learned Single Judge of this High Court whereby he had dismissed appellant's S.B.Civil Writ Petition No.376/2011.

(3.) On or about 29.12.1998, a flying squad during inspection discovered unauthorized excavation of sand stone mineral in Block Nos. 2 and 3 in Village Khadipur. After preparing Panchnama, two notices were sent to the appellant under Rule 48(5) of the Minor Mineral Concession Rules, 1986 (in Short 'Rules, 1986). Since the reply of appellant was not found to be satisfactory, the competent authority vide order dated 11.03.1993 imposed two penalties of Rs. 3,53,808/- and Rs. 3,46,320/- under Rule 48(5) of the Rules, 1986. Later, on 24.06.1998, two notices for the recovery of the penalty amount were issued to the appellant. The appellant instead of depositing the penalty amount filed revision petition No.7/2011 against the aforesaid order dated 11.03.1993 before the Deputy Secretary, Mines & Geology Department and it was dismissed on 31.10.2005. The appellant then preferred S.B.Civil Writ Petition No.5338/2006 which was allowed vide order dated 29.1.2008. The learned Single Judge while allowing the writ petition set aside the order of penalty and directed the State to decide the matter afresh after giving an opportunity of hearing to the appellant.