MAHENDRA SINGH v. STATE OF U.P. THRU.ITS SPECIAL SECY. DEPTT. OF GEOLOGY AND MINING U.P. LKO. AND 3 OTHERS
WRIC/3299/2025 · 2025-04-07
Om Prakash Shukla, Rajan Roy
body2025
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[ 2025 DAILYLAW 132394 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132394 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19430-DB Court No. - 2 Case :- WRIT - C No. - 3299 of 2025 Petitioner :- Mahendra Singh Respondent :- State Of U.P. Thru.Its Special Secy. Deptt. Of Geology And Mining U.P. Lko. And 3 Others Counsel for Petitioner :- Amit Dwivedi,Vinod Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. Yet another case where while the revision of the petitioner against the order of the District Magistrate had been admitted for hearing under Rule 80 of the U.P. Minor Mineral (Concession) Rules 2021, the interim relief application has been rejected, though the amount to be paid under order impugned in the revision is to the tune of Rs. 4 Crores and odd. The parameters required to be considered have not been taken into
consideration. In a similar matter bearing Writ-C No. 2886 of 2025, we have
disposed of the said proceedings in the following terms:
"Heard. The petitioner was granted a three months permit for digging pond. An
order was passed by the District Magistrate about misuse of FORM E MM-11. The said order had been challenged in an appeal which was rejected, and thereafter, the matter was raised in a revision before the Special Secretary, Department of Mining, State of U.P., where the said revision bearing number 33(R)/G & M(U.P.)/2025 (Sushil Kumar Singh Vs. Divisional Commissioner Vindhyachal Division, District- Mirzapur and others) is still pending and an application for interim relief was filed, as the amount sought to be recovered was about Rupees Nine Crores and odd, which has been rejected. The contention is that there is no consideration of the relevant aspects and parameters for grant of rejection of interim relief. The petitioner does not have the means to pay such a huge amount. The revision itself should be decided at the earliest. We find, prima facie, merit in the contention. Let the revision itself be decided positively within a period of three months by a reasoned and speaking order. Till disposal of the revision, as it is a statutory revision under Rule 80 of the U.P. Minor Minerals (Concession) Rules, 2021, the recovery on the basis of the orders impugned in the revision shall remain in abeyance.
The writ petition is disposed of in the aforesaid terms. Standing Counsel to communicate our order to revisional authority." This petition is also disposed off in the same terms, meaning thereby that the petitioner shall be entitled to the benefit of observations/directions contained therein, on the same terms. (Om Prakash Shukla, J.) (Rajan Roy, J.)
Order Date :- 7.4.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench