SANJAY KUMAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Rajeshwar Tripathi, learned Chief Standing Counsel-II for State-respondents.

(2.) The petitioners by means of the present writ petition have assailed the notice/order dtd. 6/6/2024 issued by District Magistrate/Collector, Sonebhadra by which he has directed the petitioner to deposit an amount of Rs. 1,84,74,750/- on the ground that it has come in CAG Report that petitioner has done illegal mining of grit/bolder (dolo stone) to the extent of 42,975/- cubic meter.

(3.) The brief facts of the case are that petitioners were granted Mining Lease under Chapter-II of the Rules of 1963 for a term of ten years in respect of the mining area of Arazi No. 7504 K of Village-Billi Markundi, Tehsil-Robertsganj, District Sonbhadra measuring Area 3.15 acre for excavation of minor minerals i.e. Gitti/Bolder (Dolo Stone) vide lease deed 28/1/2006 for a period of 10 years which was valid up to 27/11/2016. The said lease was granted to the petitioners as per the policy decision of the State Government and fol-lowing the statutory provision and Government Orders prevalent at that time. Thereafter, the petitioners had commenced the mining operation and excavated the minor minerals in accordance with the provisions of The Uttar Pradesh Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the 'Rules, 1963'). The period of mining lease of the petitioners had expired in the year 2016, and after about more than 8 years, the impugned notice/order has been issued by the respondent No. 2 on 6/6/2024.