HARI DATT BHATT Vs. STATE & OTHERS

JUDGEMENT

(1.) Petitioner was granted licence on 24.12.2008 whereby he was permitted to collect the minor minerals and store the same in Plot No.75. He was permitted to store only 2000 cubic meter at a particular time in a particular place i.e. Khet No.75. Petitioner has stacked the minerals in Khet No.471/513 Khatoni No.60. Petitioner moved an application before the SDM, Purnagari seeking permission to store minerals in Khet No.471/513. Petitioner was issued a show cause notice on 23.6.2009 to produce the valid licence in order to store minerals in Khet No.471/513 within one week. Petitioner filed reply on 15.7.2009. The licence was issued to the petitioner only on 10.8.2009 to store 640 cubic meter mines and minerals in Khet No.471/513 of Khatoni No.60 up to 31.8.2011. Petitioner was issued a notice on 31.8.2009 by the D.M. vide Annexure No.9. There is a reference to the enquiry conducted by the SDM, Purnagiri Tanakpur whereby it was held that the petitioner has stored 656 cubic meter of minerals in violation of the Uttaranchal Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2005. Petitioner was called upon to explain under what circumstances he has stored 656 cubic meter of minerals without permission. Petitioner submitted the reply on 8.9.2009. Thereafter, the District Magistrate, on 26.12.2009, has imposed a penalty of Rs.5,000/- and ordered to re-auction 656 cubic meter of minerals. The Tehsildar, Purnagiri was directed to hold the auction. Petitioner filed appeal against order dated 26.12.2009. It was dismissed in the month of April, 2010.

(2.) Respondents have filed the counter affidavit. According to the contents of reply, petitioner was directed to store material only in Khet No.75 situated at Village Manihargoth, Tehsil Purnagiri but he had illegally stored the minerals in Khet No.471/513. The permission was granted to the petitioner after two months of the inspection/seizure of material in Khet No.471/513.

(3.) Petitioner was not issued any T.D.S. after 12.2.2009. The licence was issued by the S.D.M. on 10.8.2009. Petitioner also approached this Court by way of Writ Petition (M/S) No.640 of 2010. A Co-ordinate Bench of this Court has held that that there was no justification to grant interim order in favour of the petitioner so as to restrain the respondents from auction. The Tehsildar, Purnagiri has issued the auction notice vide Annexure No.15, whereby, the auction of the material stored by the petitioner was to be held in April, 2010 of the seized material measuring 656 cubic meter. One Sri Imran Ansari (respondent no.8) gave the highest bid. He deposited a sum of Rs.1.75 lakh in the Tehsil Office. Petitioner was directed to hand over 656 cubic meter of minerals which was kept by him under Supurdgiri. It is in these circumstances the petition has been filed.