The High Court quashed an order cancelling mining lease sanction for violating the principle of natural justice due to lack of prior notice. The matter was remitted to the Superintendent Mining Engineer for a fresh decision.
The order dated 02.05.2006 cancelling mining lease sanction was quashed. Matter remitted to SME for fresh decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:49390]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12820/2012
Kanhaiya Lal Dhakar son of Shri Balu Ji Dhakar, aged about 69 years, resident of Sadaramji Ka Kheda, Tehsil Mandalgarh, District Bhilwara (Rajasthan).
----Petitioner
Versus
----Respondents
Connected With
S.B. Civil Writ Petition No. 12819/2012
Kanhaiya Lal Dhakar son of Shri Balu Ji Dhakar, aged about 69 years, resident of Sadaramji Ka Kheda, Tehsil Mandalgarh, District Bhilwara (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Ashwani Chobisa For Respondent(s) : Mr. Rahul Lodha,AGC
HON'BLE MR. JUSTICE AVNEESH JHINGAN
Order
02/12/2024
[2024:RJ-JP:49390]
[CW-12820/2012]
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[2024:RJ-JP:49390]
[CW-12820/2012]
(3 of 3)
(AVNEESH JHINGAN),J
Simple Kumawat /39-40
Whether Reportable: Yes
1 issue framed by the court
Whether an order cancelling mining lease sanction without prior notice violates the principle of natural justice due to its civil consequences.
1 provisions across 1 enactments
Kanhaiya Lal Dhakar
State of Rajasthan through Secretary, Department of Mines & Geology
Deputy Secretary, Mines, Department of Mines & Geology, Secretariat, Jaipur
SME, Kota Zone, Kota
Mining Engineer-II, Bundi
Avneesh Jhingan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
