KHAIRATI Vs. DIVISIONAL COMMISSIONER MEERUT DIVISION MEERUT

JUDGEMENT

(1.) R. H. Zaidi, J. Heard learned Counsel for the petitioner and learned Standing Counsel.

(2.) BY means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the orders dated 15-7-1997, 4- 9-1997 passed by the District Magistrate, Meerut and the order dated 30-3-1998 passed by the Commissioner, Meerut Division, Meerut acting as the appellate authority under the U. P. Minor Minerals (Concession) Rules, 1963, for short "the Rules". Prayers for a direction in the nature of mandamus commanding the respondents not to realize the amount in question in pursuance of the order dated 15- 7-1997 passed by the District Magistrate, to refund the amount deposited by the petitioner in excess what was actually due with interest or alternatively to demarcate and survey the land in dispute and permit the petitioner to excavate sand from the land in dispute for a further period of three years at 15% to 20% enhanced royalty (vide application dated 1-12-2001), have also been made.

(3.) IN pursuance of the order passed by this Court, the petitioner made a representation dated 22-4-1995 but of no consequence, therefore, a reminder had to be filed on 12-6-1995 by the petitioner for compliance of the order passed by this Court. The District Magistrate, however, for the first year reduced the amount of royalty from Rs. 37,02,000 to Rs. 32,02,380. The order passed by this Court, referred to above, dated 18-4-1995 was not obeyed in spite of the representations and reminders filed by the petitioner on 13-9-1995, 22-9-1995 and 16-6-1995. The petitioner had to approach this Court again and file Writ Petition No. 16815 of 1995. IN the said writ petition, this Court by means of an interim order directed the District Magistrate to comply with the order dated 18-4-1995 and to decide the representation made by the petitioner within two weeks. The said order was communicated to the District Magistrate but of no result. The said petition was ultimately disposed of finally by order dated 17-5-1996 with the direction to the District Magistrate to decide the representation dated 22-4-1995 within one month from the date the order of this Court was communicated to him. A certified copy of the aforesaid order was immediately thereafter communicated by the petitioner to the District Magistrate.