CHANDAR BHUSHAN NISRA Vs. STATE OF U P

JUDGEMENT

(1.) All these writ petitions raising common question of law, have been heard together and are being decided by this common judgment.

(2.) A counter-affidavit has been filed by the District Magistrate stating that the application for grant of storage licence by petitioner No. 1 was not proper since petitioner No. 1 was co-owner of only l/6th portion of the plot and there was no consent of 5/6th portion of the tenure-holders. It was stated that at six places illegal storage of sand was found for which no storage licence was obtained, hence the same were seized under sub-rule (2) of Rule 13 of the 2002 Rules. It was further stated that Rule 13(2) of the 2002 Rules provides for giving show-cause notice only to those persons who have been granted storage licence. The petitioners having stored the sand without there being valid storage licence, the storage is illegal and the petitioners are not entitled for any relief in the writ petition.

(3.) The petitioners in the rejoinder-affidavit have brought on the record certain reports submitted on their applications for grant of storage licence, however, the fact is not denied that licence has not been granted.