Rajasthan High Court - Jodhpur
Urn: Cw / 15832U / 2026Devraj Singh vs State Of Rajasthan (2026:Rj-Jd:25286) on 22 May, 2026
[2026:RJ-JD:25286]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8631/2026
Devraj Singh S/o Narvar Singh Rajput, Aged About 72 Years,
Resident Of 264 Vidhayaly Chouraha, Khamor Tehsil, Shahpura,
Bhilwara, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Mines
And Petroleum, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Joint Secretary (Mines), Department Of Mines And
Geology, Government Of Rajasthan, Secretariat, Jaipur,
Rajasthan
3. The Director, Department Of Mines And Geology,
Directorate, Khanij Bhawan, Udaipur, Rajasthan
4. The Superintendent Engineer, Department Of Mines And
Geology, Bhilwara, Rajasthan
5. The Mining Engineer, Bhilwara, Department Of Mines And
Geology, Bhilwara, Rajasthan
----Respondents
For Petitioner(s) : Mr. Himanshu Bumb
For Respondent(s) : Mr. Lalit Pareek
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order 22/05/2026
1. The present writ petition has been filed challenging the order dated 03.04.2026 passed by the Mining Engineer, Bhilwara, whereby, on the basis of a drone survey report and allegations of illegal/unauthorised mining activities, a demand has been raised against the petitioner.
2. The present writ petition has been filed, inter alia, on the ground that although the impugned order has been passed on the (Uploaded on 22/05/2026 at 04:56:22 PM) (Downloaded on 23/05/2026 at 04:02:21 AM) [2026:RJ-JD:25286] (2 of 3) [CW-8631/2026] basis of the drone survey report, a copy of the said report has not been supplied to the petitioner.
3. Learned counsel for the petitioner submits that though allegation of illegal mining has been levelled against the petitioner, however, prior to taking action against the petitioner, the petitioner himself has reported a complaint to the respondents- authorities inspite of that a penalty has been imposed against the petitioner.
4. Learned counsel for the petitioner placed reliance upon the judgment dated 25.02.2026 passed by this Court in the case of Mohd. Sabeer Khan Vs. State of Rajasthan : SB Civil Writ Petition No.3778/2026.
5. By way of filing reply, learned counsel for the respondents submits that drone survey report has been made available to the petitioner on 05.05.2026 i.e. after issuance of notice of writ petition.
6. The said fact clearly shows that before passing the impugned order dated 03.04.2026 the drone survey report, which was the sole material, was not supplied to the petitioner.
7. It has been held in the case of Mohd. Sabeer Khan (supra) that it is incumbent upon the respondents to supply a copy of the drone survey report to the petitioner. However, the same has not been done in the present matter and, therefore, the action of the respondents is in violation of the principles of natural justice.
8. This Court is of the considered view that, although the petitioner himself reported the complaint to the respondent authorities, the same may constitute a defence available to the petitioner, which can be raised by filing a reply to the show cause (Uploaded on 22/05/2026 at 04:56:22 PM) (Downloaded on 23/05/2026 at 04:02:21 AM) [2026:RJ-JD:25286] (3 of 3) [CW-8631/2026] notice, and the same shall be considered by the respondent authorities.
7. In view of the aforesaid reasons and in light of judgment in the case of Mohd. Sabeer Khan (supra), the present writ petition is allowed. The order impugned dated 03.04.2026 is, hereby, quashed and set aside.
8. Since copy of drone survey report has already been supplied to the petitioner, it will be open for the petitioner to submit his response/objections to the show cause notice dated 18.02.2026.
9. Upon receipt of such response/objections, the respondents- authorities are directed to consider and decide the same strictly in accordance with law, while granting opportunity of hearing to the petitioner and pass appropriate order in accordance with law within a period of four weeks.
10. Stay application and all other pending application(s) are also disposed of.
(SANJEET PUROHIT),J 55-A.Arora/-
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