T N GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The District Magistrate, Mirzapur has submitted a report regarding the seizure of illegally mined minerals, vehicles etc. A perusal of the report shows that large-scale illegal mining activities has taken place. The seized materials shall remain in the custody of the District Magistrate till further orders.

(2.) In the affidavit filed on 22/1/1998 by the secretary, State of Uttar Pradesh, Department of Industrial Development, action taken between 14/1/1998 and 21/1/1998 has been indicated. In paragraph 4 of the affidavit it has been stated that in case Crime No. 6 of 1998, out of II persons, against whom the case had been registered, four were arrested and 6 had surrendered in the court. That so far as Mr. Manvendra Bahadur Singh is concerned, it is stated that the police teams were sent to apprehend him in Lucknow, Mirzapur, Allahabad and number of other places but he was not found. It is further stated in the affidavit that Mr. Manvendra Bahadur Singh filed a Criminal Writ Petition No. 132 of 1998 in the High court of Allahabad on 19-1-1998 and an order came to be made thereon by the High court on 20/1/1998.

(3.) Mr. Manvendra Bahadur Singh has voluntarily appeared in this court today and has filed an affidavit. Mr. G. L. Sanghi, learned Senior Counsel appears for him. We have perused the copy of the writ petition filed in the High court which was made available to us by Mr. Sanghi and find that there is conspicuous silence in the writ petition about the proceedings pending in this court as well as various orders made by this court from time to time. From a perusal of the order made in the writ petition by the High court on 20/1/1998, it appears that Additional government Advocate was present in the court on behalf of the State. Presumably, the pendency of the proceedings in this court and various orders made from time to time were not within his knowledge and were, therefore, not brought to the notice of the High court. Learned counsel for the State submits that the State government will immediately bring facts regarding the pendency of the proceedings in this court and various orders made by this court to the notice of the High court at Allahabad.