The court stayed proceedings against a show cause notice issued based on a unilateral drone survey conducted without prior notice to the petitioner or providing the inspection report, questioning the legality of such ex-parte administrative actions.

Order

13/04/2026

The present writ petition has been filed by the petitioner challenging the Show Cause Notice dated 18.03.2026 (Annexure 6) issued by the respondent – Department, whereby it has been alleged that pursuant to a drone survey conducted on 14.11.2025, a discrepancy of 19863.43 tonnes of mineral has been found between the online stock and the stock available upon physical verification.

Mr. Arvind Soni, learned counsel for the petitioner, at the very outset, submits that the sole basis for issuance of the impugned show cause notice is the unilateral and ex-parte drone survey carried out by the respondents on 14.11.2025, about which neither the petitioner was informed, nor a copy of the inspection report was made available to the petitioner.

Learned counsel for the petitioner further submits that carrying out such a unilateral exercise of drone survey without issuing any prior notice to the petitioner is per se illegal and arbitrary.

In support of his submissions, he has placed reliance upon the order dated 20.01.2026 passed by a Co-ordinate Bench of this Court at the Principal Seat, Jodhpur in S.B. Civil Writ Petition No. 930/2026 titled as Tulsi Das Bharwani Versus State of Rajasthan & Ors., and the order dated 07.01.2025 also passed at the Principal Seat, Jodhpur in S.B. Civil Writ Petition No. 18885/2024 titled as Babu Bhai Patel Versus State of Rajasthan & Ors.

Taking note of the above, issue notice to the respondents.

Ms. Aditi Lodha, Advocate, appearing for Mr. Rahul Lodha, learned AGC, accepts notice on behalf of all the respondents.

Hence, service is complete and notice need not be filed.

Additionally, learned counsel for the petitioner would be at liberty to serve a copy of the writ petition in the Office of Mr. Rahul Lodha, learned AGC, within three days from today i.e. 13.04.2026.

List the matter along with S.B. Civil Writ Petition No.6221/2026 on 11.05.2026, after showing name of Mr. Rahul Lodha, learned AGC in the cause list.

Till the next date, further proceedings in consequence to the Show Cause Notice dated 18.03.2026 shall remain stayed.