SANJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This special appeal has been filed by appellants challenging the judgment dated 01.07.2009 passed by learned Single Judge dismissing the writ petition filed by the petitioners. The appellants have sought a writ in the nature of Certiorari quashing the order dated 29.08.2008 passed by State of Uttarakhand and consequential order dated 24.09.2008; order dated 17.12.2008 passed by Chief Conservator of Forest, orders dated 23.12.2008 passed by Deputy Conservator of Forest and order dated 19.01.2009 and further sought a direction in the nature of Mandamus commanding the respondents not to execute the mining lease in favour of respondent no. 3.

(2.) Brief facts as narrated in the writ petition filed by the appellants Sanjay Kumar and another are that respondent no. 3 Doiwala Sehkari Shram Samvida Samiti Limited, Markhand Grand, P.O Doiwala, District Dehradun (hereinafter referred to as "respondent no. 3") had filed the civil appeal No. 800 of 2005 by concealing material facts and committing fraud and misleading the court in obtaining the order dated 12.12.2006 from the Apex Court.

(3.) Since aggrieved appellant Sanjay Kumar filed petition under Article 32 of the Constitution of India in the Apex Court. However, the said writ petition was allowed to be withdrawn by the Hon'ble Apex Court vide order dated 20.02.2009 with liberty to file the petition before High Court. Thus, the appellants filed writ petition before this High Court being aggrieved by the impugned notification issued by State of Uttarakhand granting lease for a period of 10 years in favour of the respondent no. 3 stating that rights of the appellants under Article 19 (1) are affected and thus, sought quashing of the said notification and consequential orders.