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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. CIVIL WRIT PETITION NO.8129/2011

(S.K. Khetan Vs. State of Raj. & Ors.)

Date of Order

:

02.12.2013

HON'BLE MR JUSTICE GOPAL KRISHAN VYAS

Mr. S.P. Arora, for the petitioner.

Mr. R.K. Soni, Dy. Govt. Counsel.

Heard learned counsel for the parties.

In this writ petition, the main grievance raised by the

petitioner is that without providing opportunity of hearing

straight away the recovery order has been passed by the

Assistant Mining Engineer, Doongarpur on 09.11.2009 whereby

the petitioner has been directed to deposit Rs.26,21,215/- as per

the audit report submitted by the Auditor General of Rajasthan,

Jaipur for the period 2007 – 2009.

Learned counsel for the petitioner submits that

recovery order has been passed on the basis of the audit report

without providing opportunity of hearing, therefore, it is against

the principles of natural justice.

Learned counsel for the petitioner submits that after

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receiving the impugned recovery notice dated 09.11.2009, a

detailed representation dated 27.11.2009 was filed by the

petitioner, which is placed on record as Annexure-11 in which all