GURBAJ SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Syed Mohd. Fazal, learned counsel for the petitioner and Sri Rajeshwar Tri-pathi, learned Chief Standing Counsel-II for State-respondents.

(2.) The petitioner by means of the present writ petition has assailed the order dtd. 26/9/2019 passed by the respondent No. 1 in Revision No. 12(R)/VSM/2019, the recovery certificate dtd. 14/11/2019 issued by the respondent No. 2 and the order dtd. 17/12/2018 issued by respondent No. 2. The petitioner has further prayed for a writ of mandamus directing the respondents to allow the application of the petitioner dtd. 25/6/2018 and refund the security amount of Rs.4,27,96,100.00.

(3.) The facts, in brief, are that the petitioner participated in e-auction for carrying out mining activity in respect to Khasra Nos. 8Mi-13Mi, 17Mi, 18-19, 20Mi-22Mi, 25Mi-27Mi, 30Mi, 37Mi, 38Mi-41Mi, 53Mi-57Mi, 237Mi-238Mi, 239Mi-240Mi situated in Village Pachayara, Khand-I, Tehsil Loni, District Ghaziabad (River Yamuna) for a period of five years. The petitioner, being the highest bidder, was granted tender to carry out mining operation on the afore-said plots. Accordingly, a lease was executed by the petitioner with the respondents on 2/2/2018 for a period of five years. The petitioner, thereafter, started mining operation, excavating sand and minor mineral.