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Subhash Chand Mukesh Chand (M/s.) vs. State of Rajasthan & Ors.

46.00 4.60

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Rajasthan Minor Minerals (Concession) Rules, 2017–Rules 28 & 54–Illegal mining and transportation of the minerals–Imposition of penalty of Rs. 4,51,75,677/-–No prior notice was required to be issued before carrying out the inspection of mine–Further, the inspections were carried out in the presence of representative of petitioner–It cannot be said that the inspection report was prepared on the table–No statutory requirement to constitute the Committee for inspection–Therefore, the inspection carried out by two members of Committee and absence of one member cannot prejudice the petitioner–However, the demand made by the respondents was maintained after the second inspection, the petitioner was required to be given the opportunity of hearing before passing the last order dated 30.12.2021–Respondents were under obligation to supply the copy of second inspection report–Impugned order quashed and set aside with the liberty of passing the fresh order after giving the reasonable opportunity of hearing.