Court No. - 34
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 632 of 2019 Petitioner :- Om Prakash Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sabhajeet Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Sabhajeet Nishad, learned counsel for petitioner; and, Sri Vijay Gautam, Sri Madan Lal Srivastava and Sri Brijesh Singh, Advocates for respondents.
2. Grievance of petitioner is that mining lease has been granted to private respondents without following the procedure prescribed under U.P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as "Rules, 1963").
3. That being so, remedy lies in the Statute itself for filing appeal and revision before Authorities concerned and if there is any illegal mining, petitioner can avail remedy as provided under common law or by taking criminal action against concerned persons.
4. Moreover, in respect of illegal mining, this Court has already passed judgments for making CBI enquiry in various public interest litigations. Therefore, there is no occasion to entertain subsequent writ petitions seeking same relief and if there is any non-compliance of judgment of this Court, remedy lies in Contempt Court also.
5. In view thereof, writ petition is dismissed on the ground of alternative remedy.
Order Date :- 26.4.2019 Siddhant Sahu