Court No. - 4
Case :- WRIT - C No. - 28652 of 2019 Petitioner :- M/S Adarsh Enterprises Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- P.H. Vashishtha Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondents.
This writ petition has been filed by the petitioner with the following prayers:-
"(i) Issue a writ, order or direction or writ in the nature of certiorari to quash the order dated 29.07.2019 passed by respondent no. 1 i.e. the Revisional Authority in Statutory Mines Revision No. 37 (R) / VSM / 2019 [Re. M/s Adarsh Enterprises Vs. District Magistrate, Kannauj]; as contained in Annexure No. 1 to the writ petition.
(ii) Issue a writ or order or direction or writ in the nature of certiorari to quash the orders dated 21.01.2019 & 23.04.2019 passed by District Magistrate, Kannauj (as contained in Annexure Nos. 2 & 3 respectively).
(iii) Issue a writ or order or direction or writ in the nature of mandamus commanding the respondents not to proceed for recovery against the petitioner in furtherance of orders dated 29.07.2019, 21.01.2019 & 23.04.2019 (as contained in Annexure Nos. 1, 2 & 3; respectively.
(iv) issue any other appropriate writ, order or direction in favour of the petitioner as the Hon'ble Court may deem fit in the circumstances of the case.
And
(v) award the costs of the petition to the petitioner."
Learned counsel for the petitioner stated at the bar that he is confining the instant writ petition to prayer no. 3. It is contended by the learned counsel for the petitioner that the petitioner was granted a mining lease on 28.02.2018 for a period of five years in respect of Ganga River bed of village Katri Jaleshar Alipur, Division 1 Zone 2 area 4.900 hectare for excavating 92,000 cubic meters of ordinary sand).
It is next contended that District Magistrate, Kannauj/respondent no. 2 issued a notice on 21.01.2019 (Annexure-2 to the writ petition) requiring the petitioner to deposit fifth instalment of royalty amounting to Rs. 16,69,800/- together with other dues in the treasury within three days of the notice. The notice dated 21.01.2019 was followed and another notice issued by respondent no. 2 against the petitioner on 23.04.2019 (Annexure-3 to the writ petition) directing him to deposit the fifth and sixth instalment of royalty within 15 days. It is further submitted that the notice dated 21.01.2019 was challenged by the petitioner before the State Government by filing a Revision Under Section 78 of U.P. Minor Mineral (Concession) Rules, 1963 which was registered as Revision No. 37 (R) / VSM / 2019 [Re. M/s Adarsh Enterprises Vs. District Magistrate, Kannauj] and dismissed by the State Government vide its order dated 29.07.2019 on the ground that impugned notice was only a show cause notice and hence warranted no interference. He also contended that since after the dismissal of Revision No. 37 (R) / VSM / 2019 [Re. M/s Adarsh Enterprises Vs. District Magistrate, Kannauj] the respondents are threatening to take coercive measures for recovery of the amount mentioned in the impugned notices dated 21.01.2019 and 23.04.2019 from the petitioner, it is imperative for this Hon'ble Court to restrain the respondents from recovering the amounts mentioned in the impugned notices till the respondent no. 2 takes a final decision on the petitioners reply which he will file in response to the impugned notices.
Per contra, learned Standing Counsel submitted that the demand raised by the respondents by means of the two notices, which have been impugned by the petitioner in the Revision, is consonance with in terms and conditions of the mining lease executed by the petitioner. This writ petition lacks merit is liable to be dismissed.
Having heard learned counsel for the parties and perused the material brought on record, we are not inclined to interfere with the impugned show cause notices. However liberty is given to the petitioner to file his reply to the show cause notices before the respondent no. 2 along with certified copy of this order within a period of six weeks from today. In case any such reply is filed by the petitioner within the period stipulated hereinabove before respondent No.2, he shall pass a speaking and reasoned order in the matter strictly in accordance with law thereon within a further period of two weeks.
Needless to say that for a period of ten weeks from today no coercive action shall be taken against the petitioner pursuant to the impugned show cause notices.
Order Date :- 26.9.2019 Swati