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2023 (11) TMI 1218 - HC - Indian LawsIllegal mining - Punishment for having excavated over Plot No. 824 Kha - HELD THAT:- In the show cause notice dated 31.5.2022, the District Magistrate, Sonebhadra had directed the petitioner to show cause with regard to the illegal mining over Plot No. 824 Kha but when the order impugned was passed we find that it is with regard to Plot No. 421Kha. It is also found that the plot, which was mentioned in the show cause notice, had no bearing with the order impugned in the instant writ petition. In the light of above, it is crystal clear that not only is show cause notice badly drafted and incomplete but also the order passed subsequently is inherently misconceived going way beyond the show cause notice issued. Ergo, show cause notice dated 31.05.2022 and the order dated 20.6.2022 are quashed and set aside. The writ petition is allowed.
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