Actions affecting operational rights without a hearing violate principles of natural justice.

Order

27/05/2025

1. Since common question of facts are involved in these writ petitions, hence, all these writ petitions are being decided by this common order.

2. For the sake of convenience, the facts and prayer incorporated in S.B. Civil Writ Petition No.8282/2025 are taken into consideration.

3. The instant writ petition has been filed by the petitioners with the following prayer:-

“That in light of the above-mentioned facts, the Petitioner humbly prays that the present Writ Petition may be admitted, and this Hon’ble Court may pass an order quashing the Notice No.402 dated 16.04.2025 (Annexure-1) issued by the Respondent No.3 and further allow the Petitioner to run his stone crusher without any hurdles.”

4. Learned counsel for the petitioners submits that the petitioners are the stone crushers and they are not a part of any illegal mining activities. Counsel submits that impleading the petitioners as party-respondents in the array of cause-title, a public interest litigation bearing D.B. Civil Writ Petition (PIL) No.19130/2023 was submitted by one Ranglal Gurjar and the same was decided without issuing notice to the petitioners vide order dated 20.12.2023 with the following observations and directions:-

“Allegation made in this PIL is that respondent nos. 7, 8 and 9 are operating mining activities and running crushers without lease or appropriate authority under the law. It is submitted that earlier against respondent nos. 7, 8 & 9 action was taken on the basis of the PIL and in the contempt petition statement regarding compliance of order was made. Therefore, contempt petition was closed. He submits that now respondent no. 7 & 9 have again started the illegal activities of mining and operating crusher illegally. We find that as far as respondent no.8 is concerned, earlier petition did not involve any action against him.

The District Collector, Jaipur shall cause appropriate inquiry to be made on the allegations contained in the petition by constituting a Committee of senior officers in the mining department and revenue department to be headed by an officer not below the rank of SubDivisional Officer.

The inquiry shall be completed and the report shall be obtained within a period of 45 days from the date of receipt of the copy of this order. Depending upon the said report, the appropriate action, if required under the law shall be taken. Respondent Nos. 7, 8 & 9 would be afforded an opportunity of hearing by the Committee constituted by the Collector, as directed above.

In case, the petitioner’s grievance that still illegal activities are going on, despite action, if any, taken by the authorities, the petitioner would be at liberty to file fresh petition.

Accordingly, the petition is disposed off.”

5. Counsel submits that while deciding the aforesaid writ petition, this Court issued a direction to the District Collector, Jaipur to cause appropriate enquiry, by constituting a Committee and appropriate orders be passed after affording due opportunity of hearing to the petitioners. Counsel submits that when no Committee was constituted, the petitioner in the said PIL, i.e., the Ranglal Gurjar filed a contempt petition for compliance of the order dated 20.12.2023, wherein certain orders were passed, through which the petitioners came to know about the aforesaid order passed by this Court. Counsel submits that in the meantime, a show-cause notice in the nature of prohibition was issued to the petitioners to stop the stone crushing work with immediate effect vide notice dated 16.04.2025, against which a detailed reply in the form of objection was submitted by the pet