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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANJEET PUROHIT
Mangu Singh S/o Madho Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. writ petition seeks to challenge recovery orders. (Para 1) |
| 2. arguments against the lack of notice and due process. (Para 2) |
| 3. respondent maintains notices are valid and maintainable. (Para 3) |
| 4. court finds violations of natural justice and notice validity. (Para 4 , 5 , 6 , 7) |
| 5. notice quashed for lack of due process. (Para 8) |
| 6. writ petition allowed; respondent may act lawfully. (Para 9 , 10 , 11) |
ORDER :
1. Present writ petition has been filed with the following prayers:-
“1. By an appropriate writ, order or direction the mauka-parcha/Panchnama dated 14.01.2024 (Annex.7), order/letter dated 19.07.2024 (Annex.8) may kindly be declared illegal and the same may kindly be quashed and set aside.
2. By an appropriate writ, order or direction the mauka-parcha dated 14.01.2024 (Annex. 70 may also be declared illegal and the same may also be quashed and set aside.
3. By an appropriate writ, order or direction, the respondents may kindly be restrained from recovering any amount from the petitioner in relation to the order dated 14.01.2024 (Annex.7), order/letter dated 19.07.2024 (Annex. 8).
4. Any other appropriate writ, order or direction which this Hon’ble Court may deem jus
Issuing a notice that effectively determines liability without due process violates the principles of natural justice, making the notice invalid.
Recovery proceedings must be based on lawful adjudication and adherence to principles of natural justice, not on arbitrary or unsubstantiated claims.
For the purpose of Rule 35-A, if the Government feels that the orders passed by the Assistant Director of Mines and Geology, on 16.10.2018 were not in accordance with the provisions of the Act, the D....
Pre-determined issuance of demand notices violates legal principles requiring fair process, rendering them null and void.
Writ petitions can be maintained against show cause notices if they demonstrate pre-determined conclusions by the authority, constituting a legal mala fide exercise of power.
Statutory authorities must exercise powers independently, and actions based on predetermination or external influence are deemed illegal.
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