SHIV PUJAN SAHANI Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner to get a writ or direction issued in the nature of certiorari to quash the impugned notice dated 16th January, 2009 as well as order dated 22 November, 2008 issued/passed by Additional District Magistrate (Finance and Revenue), Kushinagar.

(2.) IT appears that vide an order dated 9th March, 2005 a mining lease was granted to the petitioner for excavating sand over an area of 5 acres for a period of 3 years, which was operated by the petitioner satisfactorily and thereafter the lease was renewed vide order dated 28th April, 2008 for a further period of 3 years. Pursuant to the order dated 28th April, 2008, the area was demarcated by a committee of three persons and demarcation report was submitted on 8 May, 2008. Ultimately, upon completion of formalities, the mining lease was executed on 14th May, 2008 and the petitioner started mining operation over the area demarcated. According to the petitioner, in the meantime some anti-social elements started illegal mining in the adjoining area, so he made an application to the District Magistrate, Kushinagar on 13th June, 2008 intimating about the same whereupon the Additional District Magistrate directed concerned Inspector in-charge of police to enquire into the matter and in case it is found that illegal mining is going on, penal action be taken against the guilty person. Thereafter, vide impugned notice dated 22nd November, 2008, petitioner was asked to show cause within a fortnight as to why the lease deed granted in his favour be not cancelled for excavation of sand illegally beyond the area allotted to him and to stop mining operation till disposal of the matter. The petitioner submitted reply to the said notice on 25th November, 2008 denying the allegations made against him and ultimately vide impugned order dated 16th January, 2009 it has been held that the explanation furnished by the petitioner was not found satisfactory and the allegations levelled against him in the notice have been proved, therefore, for illegal mining of 1,700 cubic meter sand, he has been directed to deposit Rs. 34,000 as royalty and Rs. 1,70,000 as cost of mineral (total Rs. 2,04,000). Hence, the writ petition.