Court No. - 37
Case :- WRIT - C No. - 42276 of 2019 Petitioner :- M/S Dayalu Brick Field Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Kumar,Neeraj Kumar Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.
Learned counsel for the petitioner submits that he has been directed to deposit a royalty as mentioned in order dated 16.01.2019 (annexure 2 to the writ petition) without any notice and by a authority not to competent to pass such order. It is submitted that the Mining Officer is not an authority as defined under Rule 2 Sub-Clause 2 of the U.P. Minor Minerals (Concession) Rules, 1963 by which "District Officer", means the Collector or Deputy Commissioner of the District in which the land is situate and the order has been passed by the Mining Officer. That apart no notice has been issued prior to demand of royalty. The petitioner claims himself to be the brick kiln owner and it is claimed that his brick kiln is closed since 2015 by the order of the National Green Tribunal and no firing and no excavation has taken place since 2015 yet enormous amount has been demanded as royalty.
Let the petitioner file a representation before the District Collector, Baghpat, who will consider the claim of the petitioner and pass appropriate orders in accordance with law within two weeks. The petitioner will file his representation by day-after-tomorrow.
For a period of two weeks, no coercive action shall be taken against the petitioner towards recovery pursuant to the impugned notice dated 16.01.2019.
The writ petition is disposed of accordingly.
Order Date :- 19.12.2019 sweta (Ravi Nath Tilhari,J.) (Abhinava Upadhya,J.)