RADHIKA CONSTRUCTIONS Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Shishir Chandra, learned counsel for the petitioner as well as Sri Rakesh Bajpai, learned Standing counsel, Sri Tushar Verma, Special Counsel and Sri Ramesh Kumar Singh, Additional Advocate General for the respondents.

(2.) By means of the present writ petition the petitioner has challenged the order dtd. 16/3/2022 passed by the State Government thereby rejecting the revision preferred by the petitioner against the cancellation of mining lease vide orer dtd. 26/4/2021 passed by District Magistrate, Banda.

(3.) The facts in brief necessary for adjudication of the present case are that the petitioner in response to an e-tender/e-auction for mining participated in the auction and his bid was adjudged to be the highest and lease deed was executed in favor of the petitioner on 6/6/2020 for the period from 6/6/2020 to 5/6/2025. After execution of the mining lease the petitioner started mining operations but suddenly the One Time Password (O.T.P.) was stopped by the District Magistrate, Banda on 19/3/2021. Subsequently, it is stated that an inspection was conducted by a team of officers of the Directorate, Mining and Geology, Uttar Pradesh between 13/3/2021 and 18/3/2021 and some allegations with regard to the irregularities pertaining to illegal mining were found correct and on the basis of the aforesaid inspection report a show cause notice was served on the petitioner on 22/3/2021. According to the said show cause notice issued by the District Magistrate, Banda it was mentioned that an inspection was conducted by a team where it has been found that the petitioner is involved in illegal mining and he has extracted minor minerals from the area not allotted to him and extracted mineral to a depth which was not permissible as per the lease deed. Accordingly, a notice was given as to why the lease be not cancelled. In the said show cause notice, penalty for the same offence has also been fixed as Rs.50,000.00 and recovery of royalty for an amount of Rs.7,81,61,400.00 has also been proposed in the said notice.