ARUN KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri H.N. Singh, learned Senior Counsel assisted by Sri Amitabh Tripathi and Sri Shubhranshu Shekhar, learned Additional Chief Standing Counsel for the State.

(2.) The present writ petition has been filed to challenge the order dated 23.11.2009 passed by the District Magistrate- Agra, District-Agra by which the petitioner's mining lease has been cancelled under Rule 60 of the Uttar Pradesh Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as the Rules) and also a demand of Rs.9,88,125/- has been raised-towards recovery of royalty Rs.1,64,687.50/- and Rs.8,23,437.50/- towards value of allegedly illegally mined sand.

(3.) Admittedly, the petitioner had been granted a mining lease with respect to the plot different from the one giving rise to the present proceedings. While there is no dispute with respect to the mining conducted by the petitioner with respect to the lease granted to him, by a show cause notice dated 26.07.2008, it was alleged that the petitioner had illegally mined sand outside his leased plot resulting in loss of royalty Rs.1,64,687.50/- and loss of sand of value Rs.8,23,437.50/-. After making such factual allegation against the petitioner, the District Magistrate by the aforesaid show cause notice proposed to cancel the petitioner's lease for reason of his having violated the terms and conditions of the lease.