VIRAT CONSTRUCTIONS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Shashi Nandan learned Senior Advocate assisted by Sri Udayan Nandan learned counsel for the petitioners and Ms. Archana Singh, learned Additional Chief Standing Counsel learned counsel for the respondents.

(2.) The petitioners have preferred the present writ petition writ challenging the order 31.5.2019 and consequential recovery certificate dated 1/4.6.2019 (Annexure Nos.4 and 5 to the writ petition respectively) passed by the District Magistrate, Shahjahanpur.

(3.) Facts in brief, as contained in the writ petition are that the petitioners were granted lease on 15th February, 2018 for a period of five years, i.e., from 15.2.2018 to 14.2.2023 at the rate of Rs.604/- per cubic meter for the first year with a stipulation of 10% increase in the said amount in each successive year during the currency of the lease. After the aforesaid lease was granted, the petitioners deposited a sum of Rs.1,64,95,995/- towards security as per the terms of the lease deed. A further amount of Rs.1,64,95,995/- was payable by the petitioners during the first year of the lease period in four equal installments. From the date of execution of the lease deed, the petitioners started excavating the minerals from the area forming part of the lease deed as per the terms and conditions of the lease deed dated 15.2.2018.