Court No. - 36 Case :- WRIT - C No. - 38659 of 2009 Petitioner :- Shivraj Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- B.P. Singh Kachhwah Respondent Counsel :- C.S.C. Hon'ble Prakash Krishna,J.
Hon’ble Yogesh Chandra Gupta,J.
Three weeks time is granted to file counter affidavit. Two weeks thereafter for
rejoinder affidavit.
List thereafter.
By means of the order dated 28.5.2009, the Additional District Magistrate,
Kanshiram Nagar permitted the petitioner to carry out mining operation on
Plot Nos. 1187 area 0.809 Hectare and Plot No 1187 C area 0.623 with the
condition that the petitioner may remove 1000 cubic metre of sand subject to
payment of royalty. It is not in dispute that the afore stated plots belong to the
petitioner. The petitioner deposited the royalty on the same day i.e 28.5.2009.
The said permit has been cancelled on 3.6.2009 in view of the Government
Order dated 16.10.2004. On a bare perusal of the said Government Order, we
are of the opinion that it has no application to the facts of the present case.
The learned standing counsel was granted time to file counter affidavit by the
orders dated 26.11.2009, 11.1.2010, but no counter affidavit has been filed.
We therefore, stay the operation and effect of the order dated 3.6.2009. It is
further provided that the respondents shall not interfere in the mining right of
the petitioner in respect of the afore stated plots and permit the petitioner to
remove the sand to the extent of 1000 cubic mtr.
Order Date :- 4.2.2010
IB