MEERA DEVI Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioners are bhumidhars of plots no. 2744 and 2745 having an area of .271 hectares and .3040 hectares respectively. They were using their plots for agricultural purposes. However when the Authorities under the various provisions of the Mines and Minerals (Development and Regulation) Act, 1957, (hereinafter referred to as the Act of 1957) served an order dtd. 8/12/2018 on the petitioners that they had illegally mined from the plots and levied penalty also then the petitioners approached the Appellate Court and when the Appellate Court also on 8/5/2023 rejected the Appeal, the instant writ petition has been filed.

(2.) Contention of the learned counsel for the petitioners is that the order dtd. 8/12/2018 was based on a report of the Lekhpal dtd. 20/1/2018. Learned counsel for the petitioners states that this report was necessitated as the Lekhpal had received certain complaints from their own relatives that the petitioners were doing illegal mining on their bhumidhari plots. Learned counsel for the petitioners states that the lekhpal's report dtd. 20/1/2018 if is perused it becomes clear that the Lekhpal had not noted as to on what date the earth was removed. The Lekhpal had also not stated as to in whose presence the inspection was done on 20/1/2018.

(3.) Learned counsel for the petitioners has relied upon the averments made in the counter affidavit and has submitted that thereafter without further looking in the reports of the Lekhpal, the Sub Divisional Magistrate forwarded the report of the Lekhpal to the Additional District Magistrate (F & R) Mathura on 30/1/2018. Learned counsel for the petitioner again relied upon the averments made in the counter affidavit and has stated that probably a notice was also sent to the petitioner on 5/2/2018. When this notice went unreplied, on 24/4/2018 another notice was sent and when this notice was also not attended to by the petitioners then the ultimate notice dtd. 11/10/2018 was sent.