PRADEEP KUMAR SHUKLA Vs. STATE OF U.P

JUDGEMENT

(1.) The petitioner was granted a licence for storage of sand under The Uttar Pradesh Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2018, (hereinafter referred to as the 2018 Rules) on 21/5/2020 for the period starting on 21/5/2020 and ending on 20/5/2021. During the subsistence of the licence on 25/8/2020 a show cause notice was issued to the petitioner on the ground that he had stored the sand (minerals) not on his own land but on another plot no. 362 which belonged to some other tenure holders and, therefore, it was alleged that he had violated the conditions of the lease. It was also alleged that the mineral found during inspection was beyond the capacity allocated to the petitioner under the licence.

(2.) The petitioner replied to the show cause notice/charges on 7/9/2020 and denied the charges leveled against him. When an order cancelling the licence and imposing penalty was passed on 30/9/2020, the petitioner filed an appeal and when the appeal was also dismissed on 17/8/2021, the instant writ petition has been filed.

(3.) Learned counsel for the petitioner assailed the two orders primarily on the following grounds: