Court No. - 38
Case :- WRIT - C No. - 25302 of 2018 Petitioner :- Saiyed Sahil Ali Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Mukesh Prasad Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Shashi Kant,J.
By means of this writ petition the petitioner has come to this Court challenging the order dated 8.01.2018 and consequential citation dated 9th of July, 2018 for recovery of sum of Rs.3,10,31,637/- as arrears of land from the petitioner.
The petitioner's grievance is that the petitioner was granted mining lease for excavation of sand vide lease deed executed on 22.2.2018 for a period of five years. One of the conditions of the lease deed is that the petitioner had to deposit a sum of Rs.2,65,37,500/- upto 01.4.2018. Admittedly, the petitioner operated the mining till 17.04.2018. It is submitted that thereafter official of Flood office stopped mining operation on account of damage to the dam situated nearby. It is submitted by the petitioner that since he was not able to operate the lease, no recovery can be made from the petitioner. Further, since the petitioner has already deposited advance amount, he is entitled for refund of the same but instead the recovery has been pressed.
We have considered the submission of learned counsel for the petitioner and learned Standing Counsel for the State authorities.
Without going into the merits of the case and expressing any opinion, since the petitioner has remedy of filing an appeal as well as revision, as the case may be, under the U.P. Minor Mineral (Concession) Rules, 1963, as such, we are not entertaining the writ petition. The petitioner may avail remedy available to him under the Rules. However, in case the appeal/revision, as the case may be, is filed by the petitioner, the same be considered and decided as far as possible preferably within two months from the date of its filing in accordance with law.
With the above observations, the writ petition is disposed of.
Order Date :- 26.7.2018 KA
(Shashi Kant,J.) (Abhinava Upadhya,J.)