JAGOO @ JAGBIR Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel.

(2.) The petitioner by means of this writ petition is challenging the order dtd. 8/12/2022 passed by the District Magistrate, Mathura and the order dtd. 6/11/2023 passed by the Commissioner, Agra Division, Agra, whereby the order passed by the District Magistrate has been affirmed.

(3.) It appears that a notice was issued to the petitioner alleging illegal mining of soil in Khasra (Khata) No. 19 area 3.933 hectares. The alleged excavation over an area of 323 feet x 313 feets and upto 3 feets in the depth, using a JCB machine, which amounted to violation of the provisions of Rule 3 of the U.P. Minor Minerals (Concession) Rules, 2021 (hereinafter referred to as the Rules, 2021).