MAHENDRA YADAV v. STATE OF U.P. THRU. SPECIAL SECY. DEPTT. OF GEOLOGY AND MINING LKO. AND 3 OTHERS
/957/2025 · 2025-01-31
Brij Raj Singh, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121132 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121132 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6790-DB Court No. - 2 Case :- WRIT - C No. - 957 of 2025 Petitioner :- Mahendra Yadav Respondent :- State Of U.P. Thru. Special Secy. Deptt. Of Geology And Mining Lko. And 3 Others Counsel for Petitioner :- Rahul Srivastava Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.
1. Heard.
2. The revision of the petitioner under Rule 80 of the U.P. Minor Mineral (Concession) Rules, 2021 has been admitted on 13.01.2025 for hearing, however, the interim relief application has been rejected.
3. The contention is that there is no consideration of requisite parameters for grant or refusal of the interim relief.
4. Prima facie, the contention appears to be correct. Let the revision of the petitioner be decided at the earliest, say, within a period of two months. In the meantime, the order which is impugned in the revision shall remain stayed, meaning thereby, the recovery shall not be made, as, once the revision has been admitted for hearing on merits and there is an order of recovery of an amount to the tune of Rs. 69.00 lakhs and odd, then, the least that was required was to stay the recovery till disposal of the revision or to give reasons as to why it cannot be done, but, we do not find any reasoning except formality having been done while passing the impugned order.
5. At this stage, learned standing counsel says that the writ petition be disposed of in terms of the aforesaid.
6. We accordingly dispose of the writ petition with the observation/direction that the order impugned before the Revisional Authority shall remain stayed till the disposal of the revision. In the event, the revision is dismissed, it shall be open for the concerned to execute the orders of recovery. [Brij Raj Singh, J.] [Rajan Roy, J.] Order Date :- 31.1.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench