VIRENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner is a bhumidhar of a land situate at Gata No.593/36 in Village Khaira Khas, Pargana Sikandarpur Garvi, Tehsil Belthara Road, District Ballia.

(2.) In paragraph 13 of the writ petition, it is contended that on the land of the petitioner a lot of sand gets accumulated during the rainy season and that it becomes difficult for the petitioner to till the land after the rainy season. The petitioner contends that he is the absolute owner of the sand, which gets collected on his land and that he has the sole proprietary right on it and, consequently, a writ of mandamus should be issued to the respondents, especially to the District Magistrate to permit the petitioner to excavate the sand from his land, for which the respondents are directed to issue Form MM-11. It was further prayed that the petitioner is ready and willing to pay the royalty as per the Schedule 1 of the U.P. Minor Minerals (Concession) Rule, 1963 (hereinafter referred to as the Rules of 1963).

(3.) We have heard at length Sri Dev Brat Mukherjee, the learned counsel for the petitioner and Sri Vishnu Pratap Singh and Sri Alok Kumar Singh, the learned Standing Counsels for the State.