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[2026:RJ-JP:20088]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 8488/2026

M/s Ncr Infratech, Works At Village Naval Kushalpur, Tehsil

Kotputli, Dist. Jaipur (Raj.), Through Its Authorized

Representative, Shri Shreedhar Agarwal, S/o Shri Seetaram

Agarwal, Aged About 32 Years, R/o 210, Lathiyo Ka Mohalla,

Nareda, Kotputli-Behror, Raj.-303105

----Petitioner

Versus

1 State Of Rajasthan, Through Its Principal Secretary,

Department Of Mines And Geology, Secretariat, Jaipur

(Raj.)

2 The Joint Secretary Mines, Department Of Mines And

Geology, Secretariat, Jaipur (Raj.)

3 The Director, Department Of Mines And Geology, Court

Circle, Udaipur (Raj.)

4 The Assistant Mining Engineer, Department Of Mines And

Geology, Kotputli, Rajasthan

----Respondents

For Petitioner(s) : Mr. Arvind Soni

For Respondent(s) : Mr. Rahul Lodha AGC for Mining Dept.

HON'BLE MR. JUSTICE BIPIN GUPTA

Judgment / Order

12/05/2026

1. Issue notice.

2. Mr. Rahul Lodha, learned AGC for mining department,

accepts notice on behalf of respondent No. 4.

3. The present writ petition has been filed with the following

prayers:-

“a.) By issuance of appropriate writ, order or direction,

including a Writ of Certiorari, quashing and setting aside

the impugned show cause notices dated 18.3.2026

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[2026:RJ-JP:20088] (2 of 5) [CW-8488/2026]

(ANNEXURE-7) and (ANNEXURE-9) passed by A.M.E,

Kotputli Respodnent No. 4, as being illegal, arbitrary and

being violative of principle of Natural Justice.

b.) By issuance of an appropriate writ, order or direction,

declare the alleged drone survey, forming the sole basis

of 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 principle;

c.) By issuance of appropriate writ, order or direction the

respondents be directed to initiate the official fixing and

verification of boundary pillar coordinates digitally before

any drone survey is initiated and;

d.) By necessary writ, order and direction be pleased to

direct the respondent Mining Department to refrain from

compulsorily enforcing Drone survey inspection upon the

Petitioner, until the time respective SOP is framed using

effective scientific technology;

e.) By necessary writ, order and direction be pleased to

direct that if any pre judicial order is passed during

pendency of Writ Petition, may also be set aside;

f.) Any other order or direction, which this Hon’ble Court

may deem fit and proper also be passed in favour of the

petitioner.”

4. The primary grievance raised in the writ petition is that the

impugned show cause notices dated 18.03.2026 and 19.04.2026

(Annexures-7 and 9 respectively) deserve to be quashed and set

aside on the ground that no prior notice or intimation regarding

the alleged drone survey was given to the petitioner, thereby

violating settled legal principles and the principles of natural

justice.

5. Learned counsel for the petitioner has relied upon the order

dated 20.01.2026 passed by the Co-ordinate Bench of this Court

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[2026:RJ-JP:20088] (3 of 5) [CW-8488/2026]

at Jodhpur in S.B. Civil Writ Petition No. 930/2026, wherein

the Court observed as under:-

“4. Thus, taking into consideration the facts and

circumstances of the case, the present writ petition is

allowed in the same terms as in the case of Babu Bhai

Patel (supra). The show cause notice dated 23.12.2025

(Annex-6), is quashed and set aside. the State

Government is given liberty to undertake fresh survey

through physical mode/drone after giving notice to the

petitioner and thereafter if any recovery is due to the

petitioner, the same be made in accordance with law.”

6. Learned counsel for the petitioner has also placed reliance

upon the orders dated 25.02.2026 passed in S.B. Civil Writ

Petition No. 3778/2026 and dated 06.04.2026 passed in S.B