GANI AHMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Aditya Singh, learned counsel appearing on behalf of the appellant-writ petitioner and Mr. Pradeep Joshi, learned Standing Counsel appearing on behalf of the State Government and, with their consent, the Special Appeal is disposed of at the stage of admission.

(2.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (M/S) No. 65 of 2019 dtd. 17/5/2019. The appellant herein filed Writ Petition (M/S) No. 65 of 2019 seeking a mandamus commanding respondents 1 to 3 to extend the time period for removing the River Bed Material from the lot as allotted to the petitioner; and a mandamus commanding the fourth respondent to provide passage to the petitioner for removing the River Bed Material from the lot as allotted to him.

(3.) The appellant-writ petitioner was granted a mining lease to extract River Bed Material from the river bed, on payment of Royalty, for the period upto 30/6/2018. The appellant-writ petitioner claims that he was disabled from extracting the permitted quantity of River Bed Material, during the currency of the lease period, because of heavy rains. He would rely on the proceedings of the District Magistrate, Haridwar dtd. 2/1/2019 which, in turn, was based on the report of the Sub Divisional Magistrate dtd. 29/10/2018, whereby the State Government was requested to consider whether licensees, who were allotted the right to extract River Bed Material, should be granted extension in view of the unprecedented rains in the area during the period of subsistence of the lease.