Court No. - 38
Case :- WRIT - C No. - 38950 of 2018 Petitioner :- M/S J.K.S. Mining Services Pvt Ltd Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailesh Kumar Pathak,Sabhajeet Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri Shailesh Kumar Pathak, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this writ petition, the petitioner who had made a highest bid for mining of sand/morum from Betwa river at village Beri, Tehsil and District Hamirpur.
According to the petitioner, the total area for mining that he had bid was 24.291 hectare. From mining plan dated 13.08.2018 it appears that 13.94 hectare out of total area 24.291 hectare is submerged in the water and mining operation can be done only of 10.351 hectares. The petitioner submits that if the area is reduced then operational bid amount should also be reduced.
The claim of the petitioner which is reflected in the mining plan issued by the authorities, which has been approved by the Director, Directorate of Geology & Mining U.P., respondent no.2. As such we deem it proper to direct the petitioner to file a representation before the respondent no.2 and if the claim of the petitioner is found to be correct, then necessary amendment in the mining plan should be carried and otherwise by a reasoned order the application of the petitioner should be disposed of.
With the aforesaid observation, the writ petition is finally disposed of.
Order Date :- 29.11.2018 Lbm/-
(Vivek Varma,J.) (Abhinava Upadhya,J.)