Court No. - 38
Case :- WRIT - C No. - 2062 of 2018 Petitioner :- Sanjay Kumar And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Deepak Kumar Yadav,Babu Lal Ram,Dinesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners and Sri Pradeep Kumar Tripathi, learned Standing Counsel for the State.
Upon a complaint made by the respondent no.7 on 28.5.2016, who have animosity against the petitioners, the liability of Rs.5,12,260/- has been imposed as royalty plus penalty for digging-up the earth for the field of the petitioners.
The allegation relates to the excavation, which was 25 years ago but it appears that the same was done for establishment of brick kiln on said land, therefore, the ordinary earth has to be treated as mineral.
Learned counsel for the petitioners submitted that without any inquiry or establishing the fact that petitioners had excavated the ordinary earth, the royalty and penalty has been imposed.
Sri Pradeep Kumar Tripathi, learned Standing Counsel submits that against the order impugned, the petitioners have remedy of fling an appeal under Rule 77 of the U.P. Minor Minerals (Concession) Rules, 1963.
It is not disputed that allegation is more than 25 years old and also it is not disputed that the petitioners have remedy of filing an appeal.
The petitioner may file an application, which shall not be thrown out only on the ground of delay and the same be considered and decided, in accordance with law, within a period of one month from the date a certified copy of this order is presented before the authority concerned. Till appeal is decided, as an interim measure it is provided that no coercive action shall be taken against the petitioners pursuant to the order dated 12.12.2017 (Annexure No.12 to the writ petition).
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 20.12.2018 Ajeet (Vivek Varma, J.) (Abhinava Upadhya, J.)