RAJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner before this Court seeks a writ of mandamus directing the respondent no. 2 to extend the period for transportation of sand/moram lying on Gata No. 114 at Village Chandaut, Tehsil Sarila, District-Hamirpur.

(2.) Brief facts as are born out from the records of the present writ petition are: the Sub-divisional Magistrate, Sarila, District- Hamirpur alongwith other officers of mines department had found illegal storage of sand and moram of about 3,000 Cubic Meter by the petitioner. The sand was seized and was given in Supurdagi of the petitioner.

(3.) It is the case of the petitioner that he had purchased the sand from a lease holder after making payment of consideration (which allegations are wholly vague and not supported by any evidence). It is further his case that an offence was committed by him by storing sand, in view of Section 4 (1A) of Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the Act 1957). The petitioner made a representation on 13.08.2014 before the respondent no. 2, District Magistrate, Hamirpur for compounding the offence. He offered to pay royalty and the cost of the sand in accordance with law and for release of the sand in his favour. Since the application was not considered, the petitioner filed Writ Petition No. 47730 of 2014, Rejendra Singh Vs. State of U.P. and others. The writ petition was disposed of vide order dated 06.09.2014, permitting the petitioner to make a fresh application before the respondent. The application was directed to be disposed of in accordance with law specifically in the light of Section 23-A of the Act 1957 by means of reasoned and speaking order.