Court No. - 33
Case :- WRIT - C No. - 19718 of 2019 Petitioner :- Sumaja Electroinfra Pvt Ltd .Company Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Mohd. Fazal Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioner; and Smt. Archana Singh, learned Standing Counsel, for the respondents 1, 2 and 3.
At the outset, Sri Syed Mohd. Fazal, learned counsel for the petitioner, states that although in the writ petition a declaration has been sought that Rule 4 (2)(a) and Rule 17 of U.P. Minerals (Prevention of Illegal Mining, Transportation and Storage) (First Amendment) Rules, 2019 be declared ultra-vires to the Articles 14, 19(1)(g) of the Constitution of India and provisions of the U.P. Mines Minerals (Development and Regulations) Act, 1957 but he does not wish to press the aforesaid prayer, inasmuch as, a challenge had been laid to the aforesaid Amendment Rules, 2019 in Writ-C No.14286 of 2019 :M/s Stonerise Stone Crusher Pvt. Ltd. Vs. State of U.P. and others), which was decided along with a batch of petitions by order dated 31st May, 2019. It has been submitted that in that petition, this Court held the First Amendment Rules, 2019 to be valid and intra vires. However, the Court read down the Rule 17(c) of the Rules, 2018. He prays that this petition may also be disposed off in terms of the aforesaid judgment of this Court.
Smt. Archana Singh, learned Standing Counsel, states that she would have no objection if this petition is disposed off in terms of Writ-C No.14286 of 2019.
The operative portion of the order dated 31st May, 2019 passed in Writ-C No.14286 of 2019 is extracted below:-
"For all the reasons mentioned above, we are of the considered opinion that the First Amendment Rules, 2019 inserting Rule 17 in the Rules, 2018 is valid and intra vires. But we read down Rule 17(c) of the Rules, 2018, wherein three months' time from 20th December, 2018 has been provided to dispose of the entire material. In our view, it would be just and fair to extend the period. Hence, the period provided under the Rules, 2018, for the reasons discussed above, is extended upto 30th June, 2019. The petitioners are permitted to dispose of their stored material till 30th June, 2019 and no action shall be taken against them till the said date. Since we have read down Rule 17 (c) of the Rules, 2018, any coercive action including seizure taken against the petitioners under the Rules, 2018 after expiry of the period mentioned in Rule 17 (c) stands set aside."
In view of the above, this petition is also disposed off on the same terms as Writ-C No.14286 of 2019, noticed above.
Order Date :- 3.6.2019 AKShukla/-