OM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Upon a complaint being received that the petitioners were excavating soil illegally from the plot no. 362 of village Palpur Kamalpur Pargana and Tehsil Sadar District Bareilly, a spot inspection was got done and thereafter a notice was issued to the petitioners jointly on 15/3/2016 as to why the petitioners be not made liable to pay for the 8550 cubic meter soil which they had excavated. The petitioners individually replied to the notice on 4/4/2016 and stated that they had not excavated any soil and in fact had only tried to level the agricultural plot of theirs. The reply of the petitioners was considered and rejected on 29/4/2016 by the District Magistrate, Bareilly, and a recovery of Rs.15,39,000.00 was ordered to be made from the petitioners.

(2.) The petitioners under Rule 77 of the U.P. Minor Mineral (Concession) Rules, 1963, filed an Appeal. When the appeal was dismissed on 9/1/2017, the instant writ petition has been filed.

(3.) Learned counsel for the petitioners has assailed the two orders and has taken support of the Government Order dtd. 24/12/2012 by which it had been provided that if the excavation was lesser than two meters then it shall not be considered as excavation of soil.