Chief Justice's Court
Case :- WRIT - C No. - 20031 of 2018 Petitioner :- Anusha And 2 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Virendra Kumar Gupta Counsel for Respondent :- C.S.C.
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Virendra Kumar Gupta, learned counsel for the petitioners and Mr. Pradeep Kumar Tripathi, learned Standing Counsel for the respondents.
The principal prayer made in the writ petition, reads thus:
"I. issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to allow the construction of road on gata No. 844 to enable petitioners to do activities as own requirements/agricultural activities."
It appears that a notice has also been issued to the petitioners on 2 May 2018 to show cause as to why penalty and royalty be not imposed on the petitioners for illegal storage of minor minerals (sand). Counsel for the petitioners submits that petitioners have already submitted their reply through registered post on 11.05.2018. That being so, we direct the District Magistrate to consider petitioners' reply and decide the show cause notice, as expeditiously as possible and preferably within a period of four weeks from today. Petitioners shall produce a copy of this order alongwith a copy of the writ petition and annexures, including their reply to the show cause notice, before the District Magistrate within one week from today.
Once the show cause notice is decided, it would be open to the petitioners to approach the concerned authority for seeking permission to construct road, as prayed in the writ petition and if such an application is made, it may be considered and decided on merits in accordance with law.
With these observations, petition stands disposed of.
Order Date :- 30.5.2018 AHA (Dilip B Bhosale, CJ) (Suneet Kumar, J)