RAMVIR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) All these writ petitions involve common questions of facts and law and therefore as agreed by learned counsel for the parties, have been heard and decided together. For the purpose of reference, pleadings and documents in Writ Petition No. 3169 of 2016 are being referred with the consent of parties.

(2.) The petitioner in writ petition No. 3169 of 2016 is a farmer having bhumidhari rights in agricultural land, Gata No. 107, Khasra No. 151, which is a joint holding of petitioner along with eight other persons, as is evident from copy of Khatauni of Fasli year 1419-1424 filed as Annexure-1 to writ petition. Petitioner has also filed copy of Khasra of Fasli 1422, showing that land is being used for agricultural purposes.

(3.) The petitioner received a notice dated 18th November 2015 issued by Additional city Magistrate-II/Incharge Officer (Mining), Aligarh (hereinafter referred to as the "Mining Officer"), requiring petitioner to show cause as to why he may not be charged with royalty at the rate of Rs. 14/- per cubic meter and 5 times of price of mineral as well as maximum penalty of Rs. 25,000/- under Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the "Act 1957"). The notice further said that Deputy Collector has submitted a report dated 6.11.2015, informing that petitioner is a co-tenure holder (Bhumidhar) with transferable rights of aforesaid land and has undertaken illegal mining of 3594.24 Cubic Meters of mines and minerals i.e. soil.