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2022 (9) TMI 1581 - RAJASTHAN HIGH COURTRestoration of mining operation and business of the petitioner by issuing e-ravanna - refrain from creating any hindrance or obstruction in the mining operation - no prior notice before inspection was given - HELD THAT:- Submission of the learned senior counsel for the petitioner that entire exercise undertaken by the respondents is bad in law inasmuch as no prior notice before inspection was given to it, does not merit acceptance as this Court is not satisfied that before carrying out inspection of the petitioner's mine, any prior notice was required. In absence of any statutory provision under the Rules of 2017 mandating so, the respondents were at liberty to carry out surprise inspection. This Court is also not satisfied that no demand could have been based on the inspections carried out in absence of authorised representative of the petitioner firm inasmuch as the inspection on both the occasions was carried out in presence of Shri Anil Parashar, who, undoubtedly, was a representative of the petitioner as is revealed from the supplementary agreement dated 24.1.2019 executed between the parties wherein, Shri Parashar has stood as a witness on behalf of the petitioner-firm as also from the fact that the documents obtained by Shri Anil Parashar under the RTI Act, 2005, have been relied upon by the petitioner firm to substantiate the averments made in the writ petition. Therefore, this Court has no hesitation in holding that inspections were carried out in presence of representative of the petitioner firm. This Court is not satisfied with the contention of learned State Counsel that since the demand raised vide order dated 11.8.2020 was maintained vide order dated 30.12.2021, they were required neither to supply a copy of the inspection report dated 9.4.2021 to the petitioner firm nor, to issue any show cause notice or afford it an opportunity of hearing before passing the order dated 30.12.2021. This specious argument is rather reflective of pre-determination of the respondents in maintaining the penalty imposed vide order dated 11.8.2020 - in the considered opinion of this Court, the respondents were under an obligation not only to supply the petitioner a copy of the inspection report dated 9.4.2021; but, also to afford it an opportunity of hearing before passing the order dated 30.12.2021. The order dated 30.12.2021 as also the order dated 11.8.2020 are quashed and set aside - Petition allowed.
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