JUDGMENT

Lisa Gill, J. (Oral)

Prayer in this writ petition is for direction to respondents no. 1 to 4 to activate E-Raawana Portal of the petitioners and to re-inspect the crusher plant of the petitioners.

2. It is pleaded that petitioner no.1 is a proprietary firm with its GST registration no. 06ABVFS0589C1TZ at village Silkho, Sub-Division Tauru, District Nuh authorizing it to run the business of crusher/grinding unit. Petitioner was granted crushing license from 30.01.2002 to 30.01.2005 which was renewed regularly for a period of three years thereafter. Mines and Geology Department, Haryana, started E-Rawaana Portal on 01.01.2020 with crusher owners as well as contractor & Mineral Dealer License (MDL) owners being asked to register themselves on the said portal, so that E- Rawaana can be generated for sale and purchase of mineral. It is stated that total crushing capacity of 25,000/- Metric Tonne (for short - 'MT') of the petitioner was reduced by the Mining Department to 3750 MT on 16.05.2022 allegedly without any notice or information to the petitioners. Due to this, petitioners could not upload their product material, as a result of which uploading quantity of 3264.880 MT was left out on the portal. Joint team comprising of members from Mines and Geology Department, Panchayat Department and Police Department were constituted to check all the stone crushers in July 2022 by the Deputy Commissioner, Nuh. The abovesaid joint team inspected and measured the stock lying with the petitioners, wherein it was revealed that 4552 MT mineral was in excess/illegal as 8882 MT mineral was found on the crusher site with only 3830 MT reflected on the E-Rawaana Portal. It is stated that this inspection/search was conducted by the joint team without any notice to the petitioners.

3. Show cause notice dated 22.07.2022 and 18.08.2022 were issued to the petitioners by the Mining Officer, to explain their position and deposit the penalty within three days of receipt of notice. Reply to the show cause notice was submitted by the petitioners with the submissions that deactivation or closing down of the online portal of the petitioners was unjustified and arbitrary. It was stated that difference of 4552.060 MT was appearing due capacity of the petitioners being reduced by the Mining Department prior to 16.05.2022.

4. It is submitted that without passing of any specific order by the competent authority, E-Rawaana Portal of the petitioners was deactivated in an unjustified manner on 14.10.2022. Representation dated 20.10.2022, it is stated was submitted by the petitioners before respondent no.2-Director General/Director, Mines and Geology Department, Govt., of Haryana, but no action was taken by respondent no.2. It is stated that petitioner has maintained complete record of E-Rawaana Portal of recent months and difference in the quantity i.e., 4552.060 MThas been duly explained before the department, but still in an unfair and unjust manner, E-Rawaana Portal of the petitioners was deactivated leading to filing of the present writ petition.

5. While noting contentions on behalf of the petitioners that pursuant to reply filed by the petitioners to show cause notice dated 27.07.2022, no specific order had been passed by the prescribed authority, but E-Rawana Portal was illegally deactivated, learned counsel for the respondent-State, on advance notice was asked to seek instructions in this respect on 27.03.2023.

6. Learned counsel for the respondent-State on 14.03.2023 apprised the Court that order dated 13.03.2023 had subsequently been passed by the Director Mines and Geology, Haryana, whereby it is concluded that stone crusher was having excess mineral than that of ac