RAHUL PANWAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

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

(2.) The petitioner, by means of the present writ petition, has assailed the order dtd. 8/2/2019 passed by the respondent No. 3-District Magistrate, Saharanpur to the extent of forfeiting 25% of the security and 25% of the first installment amounting to Rs.10,38,46,500.00.

(3.) The facts, in brief, are that an advertisement was issued by respondent No. 1 for E-tender-cum-E-auction for the grant of mining lease in district Saharanpur on 14/8/2017 on Gata No. 3, Plot No. 3, area 8.05 hectares, i.e., 138462 cubic square meters in Tehsil-Behat situated at Yamuna River, Village Rehna, District Saharanpur. The petitioner participated in the E-tender process and was selected as the highest bidder. The letter of intent was issued to the petitioner on 15/3/2018. As per the terms and conditions of the letter of intent, the petitioner deposited 25% of the security and 25% of the first installment of the royalty with the treasury through Challan No. Z-23 on 26/3/2018. The petitioner was issued an environmental clearance certificate on 22/11/2018. The petitioner, thereafter, submitted the environmental clearance certificate dtd. 22/11/2018 to the department.