AWASTHI TRADERS Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Shri Abhinav Narain Trivedi, learned Chief Standing Counsel for the State and perused the material brought on record as also the records of Revision No. 106 (R)/SM/2020 and Revision No. 133 (R)/SM/2020.

(2.) The petition has been filed seeking the following prayers:

(3.) Learned counsel for the petitioner submitted that Department of Geology and Mining, Government of U.P., by means of Government Order dtd. 14/8/2017 issued a declaration under Rule 23 of Minor Minerals Rules, 1963 to grant mining leases of riverbed minerals by means of E-commerce under the provisions of Chapter IV of Rule, 1963 (hereinafter referred to as the 'Rules'), in pursuance of which, an advertisement was issued by District Magistrate, Hamirpur in respect of Khand No. 29/1 situated in village Bakchhakhadar, Tehsil Maudaha, District Hamirpur for an area measuring 12.145 hc. for a quantity of 1,94,304 cubic meters per year sand/morrum. It has been submitted that petitioner participated in the process of said E-auction-cum-tender and being the highest bidder of Rs.857.00 per cubic meters, the Letter of Intent was issued to the petitioner. Thereafter, he deposited the due amount and got the mining plan prepared and was also granted the environmental clearance on 24/11/2018. (Environmental clearance dtd. 24/11/2018 is annexed as Annexure No. 4). It is also submitted that after issuance of environmental clearance, the petitioner was granted mining lease and the lease deed was executed on 6/11/2018 for a period of 27/11/2018 to 26/11/2023.