TARA CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Nigamendra Shukla, learned Counsel for the petitioner and Sri Alok Kumar Singh, learned Standing Counsel representing the State respondents.

(2.) By this writ petition, the petitioner has prayed for quashing the citation dated 19.11.1992, issued by the Tahsildar for recovery of amount of Rs. 7,38,302/- consequent to the order dated 31.10.2012, issued by the District Magistrate, Meerut for recovery of royalty, value of minerals and penalty on the ground of illegal mining by the petitioner.

(3.) The petitioner claims to be Bhumidhar of plot No. 490, situate in village Rithani, Tahsil and District Meerut. Lekhpal of the area submitted reports dated 27.8.2012 and 15.10.2012, alleging that the petitioner has indulged in illegal mining. On the basis of the reports submitted by the Tahsildar, impugned order dated 31.120.2012 has been passed. Order impugned in the writ petition further mentions that a notice was issued to the petitioner but no objections were filed to the notice. The petitioner's case in the writ petition is that he is Bhumidhar of the land hence, no illegal mining can be alleged against the petitioner. It is further submitted that agricultural land of the petitioner cannot be treated to be a minor mineral. The petitioner also claims to have filed an appeal before the Divisional Commissioner, Meerut on 20.8.2013 under Rule 77 of the U.P. Minor Mineral (Concession) Rules, 1963. Learned Counsel for the petitioner submits that the said appeal is not maintainable hence, the petitioner is filing the present writ petition praying for quashing the recovery proceedings.