CHANDRA BHAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The instant batch of appeals challenge the respective Demand Notices issued by the District Magistrate/District Officer to the Appellants demanding 10% of the total bid amount to be deposited with the concerned District Mineral Foundation(s) (hereinafter, "DMF").

(2.) Since the issue involved in all these appeals is common, the facts are being taken from Civil Appeal No.12314 of 2024, which assails the Judgement dtd. 15/11/2017 passed by the High Court of Allahabad (hereinafter, "Impugned Judgment") and has been taken as the lead case.

(3.) The facts, as culled out from the said Civil Appeal are that Chandra Bhan Singh, who was a successful bidder for mining of minor minerals i.e., sand (hereinafter, "Appellant") was allotted a tender. In pursuance to this tender and in consonance with the requirements as has been laid down by the Policy decision dtd. 22/4/2017, the Appellant had been called upon to deposit an amount of Rs.54,12,960.00 being 10% amount of the deposited title amount of Rs.5,41,29,600.00 in favour of the District Mineral Foundation Trust, Kanpur (hereinafter, "DMF Trust") apart from 2% stamp fee on the same vide Demand Notice dtd. 25/10/2017. It needs mention here that as per the terms for allotment and the Mining Permit dtd. 16/10/2017, the Appellant as required, had deposited the amount payable for the approved mining quantity at the rate of Rs.630.00 per cubic meter of sand as per his bid totalling Rs.5,41,29,600.00.