Court No. - 39
Case :- WRIT - C No. - 15164 of 2018 Petitioner :- Dinai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harshit Pandey,Harsha Pandey Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
The prayers made in the writ petition are as follows:
"1. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents, especially respondent no. 2, to forthwith grant mining permit in favor of petitioner and other co-sharers for excavation of sand accumulated over bhumidhari Gata No. 23 area 1.1400 hectares situated at the bank of Yamuna in Village Bhopatpur Kachhar, Tehsil Chail, District Allahabad.
2. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents, especially respondent no. 2, to forthwith decide the application in the form of MM-8 submitted by petitioner on 12.1.2018 (Annexure no.5 to the writ petition) by passing a reasoned and speaking order."
It appears that the petitioner has already made an application seeking a permit, as contemplated by Rule 52-A of the U.P. Minor Minerals (Concession) Rules, 1963. That being so and in view of the order passed by this Court in Writ-C No. 5939 of 2017 (Shiv Kumar Vs. State of U.P. and others), we direct the concerned Authority to consider and decide the petitioner's application, as expeditiously as possible and preferably within a period of six weeks from the date of receipt of this order. Petitioner is directed to produce a copy of this order alongwith copy of the writ petition and its annexures to the concerned Authority. Petitioner is also directed to produce a copy of the order passed by this Court in Writ-C No. 5939 of 2017 (Shiv Kumar Vs. State of U.P. and others) before the concerned Authority for its reference and perusal.
The writ petition is, accordingly, disposed of.
Order Date :- 26.4.2018 SK (Neeraj Tiwari, J.) (Dilip Gupta, J.)