SURAT NISHAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and Shri Alok Kumar Singh learned Standing Counsel.

(2.) By this petition, Petitioner has prayed for quashing the order dated 21/6/ 2010, issued by the Mining Officer, Fatehpur issuing certain directions with regard to Form MM-11, with regard to weight i.e. cubic meter and the amount of royalty with regard to issuance of booklet of Form MM-11. Petitioner who is a lessee under the U.P. Mines and Mineral Concession Rules, 1963 (hereinafter called the "Rules 1963") has challenged the aforesaid order.

(3.) Shri Sabhajeet Nishad, learned Counsel for the Petitioner challenging the order dated 21/6/2010, contended that the Mining Officer has no jurisdiction to issue such order. He submits that there is no approval obtained by the District Officer i.e. The Collector nor any survey was made. He submits that earlier the quantity and the amount of royalty was different which has now been changed by the impugned order dated 21/6/2010.