AYUSH TRADERS BIRDPUR SIDDHARTHNAGAR THRU. PROPRIETOR SMT. INDU v. STATE OF U.P. THRU. SECY. DEPTT. OF GEOLOGY AND MINES LKO AND 2 OTHERS
WRIC/1681/2025 · 2025-02-19
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123851 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123851 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10742-DB Court No. - 2 Case :- WRIT - C No. - 1681 of 2025 Petitioner :- Ayush Traders Birdpur Siddharthnagar Thru. Proprietor Smt. Indu Respondent :- State Of U.P. Thru. Secy. Deptt. Of Geology And Mines Lko And 2 Others Counsel for Petitioner :- Vikas Srivastava Bakhshi Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. Admittedly, the lease of the petitioner for mining purposes for the period 03.01.2022 to 02.01.2027 has been cancelled on 18.03.2022 and the said cancellation has not been challenged as informed by the petitioner's counsel. The impugned order merely seeks to recover the royalty etc. payable by the petitioner in terms of the lease for the period the petitioner indulged in mining activity or was bound to pay as per the lease agreement. We do not find any ground for interfering with the impugned recovery, however, if Rule 41(H) of the Uttar Pradesh Minor Minerals (Concession) Rules, 2021 is attracted, then the petitioner may move appropriate application in this regard, which can be considered as per law. There is already a writ petition bearing Writ-C No.9054 of 2022 pending. If it is permissible, the petitioner may seek appropriate relief in the said petition if the cause of action is same. The present petition is disposed of in the aforesaid terms. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 19.2.2025 G. Singh/- Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench