Writ petition challenging penalty imposed without considering petitioner's reply. Court set aside order and directed authority to grant personal hearing opportunity following natural justice.
Order dated 21.04.2023 set aside; personal hearing fixed for 25.05.2023 at 3:00 PM.
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[2023/RJJP/009868]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6325/2023
Damanjot Singh Anand S/o Late Shri Tajendra Singh Anand, Aged About 36 Years, R/o 727, Pratap Nagar, Dadabari, Kota.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. S.S. Hora, Adv. For Respondent(s) : Mr. R.P. Singh AAG with Mr. Jaivardhan Singh Shekhawat, Adv.
HON'BLE MR. JUSTICE SAMEER JAIN
Order
09/05/2023
The present petition has been filed under Article 226 of the Constitution of India against the order/show cause notice dated 06.04.2023 passed by Mining Engineer, Ramganj Mandi, Kota whereby penalty to the tune of Rs. 9,92,11,996.82 was imposed upon the petitioner along with a compounding fee of Rs. 20,000/-.
Learned counsel for the petitioner has submitted that against the show cause notice dated 06.04.2023, which was received by the petitioner on 13.04.2023, an immediate reply to the same was submitted by the petitioner whereby the petitioner prayed for making available the germane document i.e. the panchnama, based upon which the entire demand was computed by the respondents.
[2023/RJJP/009868]
[CW-6325/2023]
(2 of 3)
Thereafter, the learned authority below, vide order dated 21.04.2023, confirmed the demand so raised by the respondents along with a compounding fee of Rs. 20,000/-, without duly considering the reply put forth by the petitioner and the arguments raised therein.
In this background, learned counsel for the petitioner submitted that neither the relied upon panchnama was provided/supplied to the petitioner and nor the principles of natural justice were compiled with while dealing with the matter before the authorities below. Moreover, the demand so raised was confirmed within a short span of time, based on mere presumptions and not facts/law.
Learned counsel for the State was unable to refute the contentions raised herein-above.
In the aforesaid factual scenario and considering the fact that the relied upon document which was germane for the just adjudication of the matter i.e. the panchnama, was not supplied to the petitioner well in time, prior to the adjudication of the matter and further considering the fact that no reasonable time and opportunity was granted to the petitioner to represent their case, this Court deems it appropriate to set aside the order dated 21.04.2023 and direct respondent no. 2 to give adequate opportunity of hearing to the petitioner and after duly following the due process of law and complying with the principles of natural justice, pass a well-reasoned and speaking order. Respondent no. 2 is directed to fix an opportunity of personal hearing for the said adjudication on 25.05.2023 at 3:00 PM in his office.
[2023/RJJP/009868]
[CW-6325/2023]
(3 of 3)
Learned counsel for the petitioner is directed to duly represent his case before the aforementioned authority. Furthermore, learned counsel is expected to file his reply before the date as fixed above by this Court.
Accordingly, in light of the directions incorporated hereinabove, the instant writ petition is disposed of.
(SAMEER JAIN),J
ANIL SHARMA /69
1 issue framed by the court
Whether the penalty imposed by the mining authority violated the principles of natural justice due to non-supply of germane documents and lack of adequate hearing opportunity.
Damanjot Singh Anand
State Of Rajasthan
Mining Engineer, Ramganj Mandi
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
