Back
MOHAMMAD RAFIQ, VIJAY KUMAR SHUKLA
Khajuraho Minerals – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
Mohammad Rafiq, CJ.
Hearing convened through Video Conferencing.
1. This writ petition has been filed by petitioner-M/s. Khajuraho Minerals challenging the show cause notice dated 05.12.2020 (Annexure P-1) issued by the Collector, District Chhatarpur in Case No. 0201/A-67/Minerals/2020-21 and also challenging the report dated 04.11.2020 (Annexure P-2) submitted by the Mines Inspector, District Chhatarpur and Panchnama dated 31.10.2020 (Annexure P-3) prepared by the officials of the Mines and Revenue Departments.
2. The factual matrix of the case, as emerging from the pleadings of the writ petition, is that the petitioner is holding a mining lease in respect of land admeasuring 4 Hectares comprising in Khasra No. 1259 and 11 Hectares comprising in Khasra No. 1293 both in Mouza Budaur. The respondents, on receiving complaint against the petitioner for illegal and unauthorised excavation of minerals outside the leasehold area, got an inspection conducted jointly by the representatives of the Mines and Revenue Departments. A panchnama of the inspection was prepared on 31.10.2020 (Annexure P-3). According to the panchnama, the inspection was carried out in the presence of certain vi
The court emphasized the importance of providing a fair hearing to the petitioner before making a final decision on the show cause notice.
The main legal point established in the judgment is the requirement for fair inspection procedures and the application of relevant legal provisions to determine the legality of excavation activities.
The court emphasized the importance of providing a copy of inspection reports and an opportunity of hearing before raising a demand against a party.
The show cause notice must provide details of the nature of the offence and the grounds on which it has been issued, and the subsequent order cannot go beyond the scope of the show cause notice, viol....
The issuance of a demand notice for seigniorage fee without proper consideration of the petitioners' explanations constitutes a violation of natural justice, necessitating remand for further evaluati....
Supreme Court had enunciated in clear and unambiguous terms that excavation of ordinary earth for construction of building purposes / development would not attract levy of royalty and penalty under p....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
