Court No. - 4
Case :- WRIT - C No. - 31624 of 2019 Petitioner :- Smt. Khilauniya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Shukla Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
This writ petition has been filed with the following prayers:-
"(i) issue a writ or direction or pass an order in the nature of Mandamus commanding and directing the District Magistrate, Agra (the respondent no. 3) to grant the mining permit to the petitioner for lifting the sand from her agricultural land situated at Khasra Nos. 2128-Ka, 2128-Kha & 2128-Ga, measuring an area 2.596 hectares, situated at Village - Ghogpura, Mauza - Nobohara, Tehsil- Fatehabad, District - Agra, as expeditiously as possible, and within such shortest possible time- frame which this Hon'ble Court deems fit and proper under the facts and circumstances of the instant case;.
(ii) issue a writ or direction or pass an order in the nature of Mandamus commanding and directing the District Magistrate, Agra (the respondent no. 3) to take a final decision in the matter of grant of mining permit to the petitioner, as expeditiously as possible, and within such shortest possible time-frame which this Hon'ble Court deems fit and proper under the facts and circumstances of the instant case;
(iii) issue a writ or direction or pass an order in the nature of Mandamus commanding and directing the District Magistrate, Agra (the respondent no. 3) to consider and decide the petitioner's representation dated 09.07.2019 (Annexure No. 19 to the writ petition) by reasoned & speaking order, as expeditiously as possible, and within such shortest possible time- frame which this Hon'ble Court deems fit and proper under the facts and circumstances of the instant case;
(iv) issue any other suitable writ or direction or pass an order as this Hon'ble Court may deem fit or proper in the facts and circumstances of the case; and
(v) Award cost of the writ petition to the petitioner."
After going through the averments made in the writ petition and perusing the documents appended thereto, we find for the redressal of the grievance which has been raised by the petitioner in this writ petition he has already filed representation before respondent no. 3 on 09.07.2019, copy whereof has been brought on record as Annexure-19 to the writ petition but the same has not been decided till date.
It is contended by learned Standing Counsel that a suitable direction be issued to the respondent no. 3 to decide the petitioner's representation which has been pending before him within a specified period.
Learned counsel appearing for respondents submitted that he has no objection to grant of the prayer made by learned counsel for the petitioner.
In view of the above, without expressing any opinion on the merits of the case, we dispose of this writ petition with liberty to the petitioner to file a fresh comprehensive representation appending thereto all the documents upon which he proposes to rely in support of his claim before respondent no. 3 within two weeks along with certified copy of this order. In case, any such representation is filed by the petitioner before respondent no. 3 within the period indicating herein above, he shall consider and decide the same strictly, in accordance with law by a speaking and reasoned order as expeditiously, as possible preferably within a period of four weeks from the date of filing of such representation by the petitioner before him.
Order Date :- 27.9.2019 Swati