VIRENDRA KUMAR RICHHARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition under Article 226/227 of the Constitution of India, the petitioner has sought the following reliefs:-

(2.) The unfolded facts on bare perusal of the petition as well as return filed by the respondents are as follows:-

(3.) The contention of learned counsel for the petitioner is that the respondents are having right of pre-emption to uplift the sand which has been excavated by the petitioner from the quarry lease but they are required to pay fair market price. According to petitioner, the fair market price @100/- per cubic meter comes to Rs.1,56,300/-. In this regard there is pleading of the petitioner in para 6.4 of his memorandum of writ petition. This fact was added by way of amendment. However, there is no denial in the return and no additional return has been filed nor any amendment in the original return has been made controverting this figure. Hence, according to me, it shall be deemed that fair price of the sand was Rs.1,56,300/- and therefore it has been prayed that respondents may be directed to pay this amount.