RITA SINGH CONTRACTORS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri H.N. Singh, learned Senior Counsel assisted by Sri Anand Kumar Srivastava, learned counsel for the petitioner and Sri Rajeshwar Tripathi, learned Chief Standing Counsel-II for the State-respondents.

(2.) The petitioner being aggrieved by the notices dtd. 31/12/2021, 27/1/2022 and 11/2/2022 issued by District Magistrate/In-charge Officer, Mining Gorakhpur, District Gorakhpur, by which a demand for payment of three instalments for the months of October to December, 2021 has been raised, has filed the present writ petition.

(3.) The case of the petitioner is that she was allotted mining lease for carrying out mining operation in respect to ordinary sand on River Ghaghra from Village-Kutti to Devaipeepar, Pargana Dhuriapar, Tehsil Gola, District Gorakhpur, total area 36.423 hectare for a period of five years. The period of mining lease was 8/11/2019 to 7/11/2024. For executing the mining lease, the petitioner complied with the requirements of Rule 29 of U.P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the 'Rules, 1963'). The petitioner, accordingly, deposited 25% of the first year instalment of the concerned year amounting to Rs.96,97,624.00 towards security and 20% of the instalment of the year amounting to Rs.77,58,100.00. The petitioner, thereafter, conducted the mining operation till 30/6/2021. According to the petitioner, she had deposited all the instalments on time as per the lease deed till the date she carried out mining operation i.e. June, 2021.