The High Court allowed the respondents' application for a fresh hearing and set aside an order imposing a monetary demand due to lack of reasoning. Order quashed for lack of natural justice.
Set aside and quash the demand order; respondents given liberty to pass a fresh reasoned order.
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[2023:RJ-JP:14756]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1122/2016
M/s Chandana Marble Pvt Ltd through is Director Shri Ashok Chandana, S/o Shri Dev Lal Gurjar, aged about 30 years, R/o Shopura Ki Bawdi, District Bundi (Rajasthan).
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. A.K. Sharma, Sr.Adv. with Mr. |
|---|---|
| Mohit Soni & Mr. Rachit Sharma | |
| For Respondent(s) | : Major R.P. Singh (Sr.Adv.), AAG with |
| Mr. Jaivardhan Singh Shekhawat |
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
20/07/2023
[2023:RJ-JP:14756]
[CW-1122/2016]
(2 of 3)
petitioner-company and same was to be deposited within a period of fifteen days. It was also stated in the said order that in case of default, the security amount would be forfeited and action of cancellation of mining lease would be taken.
The basic challenge to the order dated 17.12.2015 is based on the principle of natural justice and on the ground that the order impugned is not a reasoned and speaking order. During the pendency of the writ petition, the respondents filed an application No.311 dated 03.01.2017 and stated therein that with the view of clarity and transparency, the respondents are ready to grant further opportunity of hearing to the petitioner and pass an appropriate and speaking order but since the matter is pending before the Court, they have prayed for permission of the Court to hear the petitioner and pass an appropriate order in relation to the question involved in this writ petition.
Mr. A.K. Sharma, Sr. Adv. appearing for the petitioner submits that he has no objection in regard to the averments made in the application No.311/03.01.2017.
Taking into consideration the issue involved in the writ petition as well as the order which is under challenge in the present writ petition and so also the averments made in the application No.311/03.01.2017 filed by the applicant-respondent, this Court feels that it would be just and proper to allow the application. Hence the application No.311/03.01.2017 is allowed. The Order dated 17.12.2015 is quashed and set aside with all consequential effects and respondents are at liberty to pass fresh reasoned and speaking order after providing proper opportunity of hearing to the petitioner.
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Accordingly, present writ petition stands disposed, as above. Since the main petition has been dismissed, stay application and all other pending application/s also stand dismissed.
(GANESH RAM MEENA),J
ARTI SHARMA/168
3 issues framed by the court
Whether an order imposing a demand without reasons violates the principle of natural justice.
Whether the respondents were entitled to be granted a fresh opportunity of hearing before passing a reasoned order.
Whether the impugned order should be quashed and disposed of by the High Court.
M/s Chandana Marble Pvt Ltd
State Of Rajasthan
Director, Mines & Geology
Superintending Mining Engineer
Assistant Mining Engineer
Ganesh Ram Meena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
