[2026:RJ-JD:4506]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1712/2026 Shri Lalu Ram S/o Udairam Ahir, Aged About 78 Years, Resident Of Somadi Post Dariba, Tehsil Bhilwra, District Bhilwara, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Mines And Petroleum, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Joint Secretary (Mines), Department Of Mines And Geology, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

3. The Director, Department Of Mines And Geology, Directorate Khanij Bhawan, Udaipur, Rajasthan.

4. The Superintending Mining Engineer, Department Of Mines And Geology, Bhilwara, Rajasthan.

5. The Mining Engineer Bhilwara, Department Of Mines And Geology, Bhilwara, Rajasthan.

----Respondents For Petitioner(s) : Mr. Himanshu Bumb.

For Respondent(s) : Mr. Mahaveer Bishnoi, AAG.

Mr. Gaurav Bishnoi.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

23/01/2026

1. The writ petition has been filed by the petitioner with the following prayers:-

“A. issue an appropriate writ, order, or direction, including a writ of certiorari, quashing and setting aside the impugned show cause notice dated 23.12.2025 (Annexure A/4) issued by the Office of the Mining Engineer, Mines and Geology Department, Khanij Bhawan, Bhilwara, Rajasthan, as being illegal, arbitrary, and violative of the principles of natural justice;

B. declare the alleged drone survey, forming the sole basis of the impugned show cause notice, to be illegal, void, and non est in the eyes of law, having been conducted without prior notice or intimation to the petitioner and in violation of settled legal principles;”

2. Learned counsel for the petitioner submits that respondents vide communication dated 23.12.2025 (Annex-4) issued a show cause notice to the petitioner indicating in it that the drone survey was conducted on 27.11.2025 and thereafter it has been found that the petitioner has excavated the minerals in excess. He submit that the said show cause notice is not maintainable for the reason that before conducting the drone survey, the petitioner has not been afforded a notice prior to the said survey. Learned counsel for the petitioner places reliance upon the order dated 07.01.2025 passed in SBCWP No.18885/2024 titled as Babu Bhai Patel Vs. State of Rajasthan & Ors and the said order is reproduced hereunder:

“1. Heard learned counsel for the parties.

2. The present writ petition has been filed against the demand notice dated 21.10.2024 issued by the Office of the Mining Engineer, Sirohi, whereby recovery order has been passed against the petitioner for excavating the mines in violation of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957.

3. Learned counsel for the petitioner submits that the petitioner has not been served with any notice before conducting the survey of the area in which the petitioner has been granted the lease for mining. Learned counsel for the petitioner has relied upon the judgment of this Court rendered in D.B. Special Appeal No.398/2001 (M/s. Mewar Marbles Ltd. Vs. Government of Rajasthan) decided on 09.01.2002. He further submits that the order impugned (Annex.1) has been passed in violation of the law laid down by the Division Bench of this Court. He, therefore, prays that the order impugned may be quashed and set aside.

4. Per contra, learned Additional Advocate General submits that although the petitioner was served with a notice when the land of the petitioner was physically surveyed. However, while undertaking the survey through the drone, the notice was not issued to the petitioner. Learned Additional Advocate General further submits that the respondent-State may be given liberty to re-survey the area in question under the lease of the petitioner after giving him a proper notice.

5. I have considered the submissions made before this Court and have gone through the relevant record of the case.

6. Since no notice was given to the petitioner before undertaking