Court No. - 37
Case :- WRIT - C No. - 42073 of 2019 Petitioner :- Bhagwan Prasad Respondent :- The District Magistrate And 3 Others Counsel for Petitioner :- Shivendra Nath Singh,Dharmaveer Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this writ petition, the petitioner has raised a grievance that respondent no. 4 is doing mining operation on the land of the petitioner which is outside his lease area. The petitioner claims that he is Bhoomidhar of Arazi No. 374, 374- Kha, 375, 385Kha and 392 situated at Village-Panera, Tehsil- Naugarh, District Siddharth Nagar.
It is claimed that respondent no. 4 was granted mining lease for plot nos. 1365 and 280 in 2018 from 05.10.2018 to 14.10.2023.
The respondent no. 4 has encroached upon the land of the petitioner and is doing mining on his land, the petitioner has protested but to no avail.
Learned Standing Counsel states that the competent authority to look into this factual aspect is the respondent no. 1, before whom the petitioner can approach.
The writ petition is disposed of with the observation that in case, it is found that the mining operation is being conducted by the respondent no. 4 outside his lease area and on the land of the petitioner, suitable action be taken by the competent authority in accordance with law. While doing so, the petitioner's application pending before the respondent no. 1 shall also be considered and decided by a speaking order after giving due opportunity to respondent no. 4 as well within a period of two months.
Order Date :- 18.12.2019/sweta (Ravi Nath Tilhari,J.) (Abhinava Upadhya,J.)