Court No. - 3
Case :- WRIT - C No. - 6824 of 2019 Petitioner :- Anand Kumar Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Amit Upadhyay, learned counsel for the petitioner, on the question of admission and Sri Pradeep Kumar Tripathi, learned Standing Counsel, for the State respondents.
By this writ petition under Article 226 of the Constitution of India petitioner is assailing the levy of U.P. District Mineral Foundation Trust Rules, 2017 by which he was directed to pay 10% over and above royalty, which is payable to the lessee. Learned counsel for the petitioner has submitted that some of the writ petitions were earlier dismissed and against the same special leave petitions have been filed and the Apex Court vide order dated 9.1.2018 issued notice to the respondent and also granted interim relief in favour of petitioner by directing that the petitioner shall deposit the statutory royalty and furnish bank guarantee to the satisfaction of the District Magistrate of the concerned district of U.P. of the balance amount of royalty claimed by the respondent and matter is pending before the Apex Court.
Learned counsel for the petitioner submits that the petitioner may be permitted to furnish bank guarantee to the satisfaction of the District Magistrate concerned.
No need to issue notice as the State respondents are already represented by learned Standing Counsel.
List this case alongwith Writ-C No. 4142 of 2019 and other connected matters. By the next date, learned Standing Counsel is directed to file counter affidavit in the matter.
In the meanwhile, the petitioner shall deposit the statutory liability with the exception that petitioner shall furnish a bank guarantee in respect of 10% of the royalty, which has been levied under the Trust Rules within a period of four weeks and shall renew the same from time to time till the matter is finally decided failing which the stay granted by this Court shall automatically come to an end without reference of the Court.
Order Date :- 26.2.2019 Imroz [Dr. Y.K. Srivastava, J.] [Pankaj Kumar Jaiswal, J.]