ARJUN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD Mr. P.S. Adhikarl, Senior Advocate assisted by Mr. B.S. Adhikari, Advocate appearing for the petitioner and Mr. J.P. Joshi, Addl. Chief Standing Counsel for the State.

(2.) IN this. a writ petition, the petitioner, who was licensee In respect of Khasra No. 1073, 1075,1086 and 1088; challenges the cancellation of his permit, which was for the. purposes of excavating the minor - minerals. These survey numbers belonged to the petitioner. The said excavation' permit from the land was recommended on 11 -06 -2003 and was granted on 08 -08 -2003 and thereafter, it was amended by another order on 11 -09 -2003 and this period was for three -years.

(3.) THERE were some complaints and more particularly, by the Divisional Forest Officer, Champawat dated 12 -12 -2003 that the said permission holder i.e. the petitioner was committing breach of the conditions of the excavation permit and therefore, a show -cause notice was sent to the petitioner on 20 -12 -2003. In this notice dated 20 -12 -2003, it was pointed out that the petitioner was excavating in an illegal manner from the area outside the one, which was granted to him and that he was excavating sand and the boulders. It was also pointed out to him that in the area granted to him, he has, in fact, taken agricultural crops of wheat etc. By way of the second reason, it was informed to him that when this illegal excavation was intercepted, the servants of the petitioner were engaging in violence with the concerned Government officials and servants.