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2025 DAILYLAW 150165 (ALL)

TOYYAB THRU POWER OF ATTORNEY HOLDER FARMAN v. STATE OF U.P. THRU. SPECIAL DEPTT. OF GEOLOGY AND MINING LKO. AND 4 OTHERS

WRIC/6483/2025 · 2025-07-21

Manish Kumar, Rajan Roy

Public Interest Litigationbody2025

Judgment text

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Court No. - 2 Case :- WRIT - C No. - 6483 of 2025 Petitioner :- Toyyab Thru Power Of Attorney Holder Farman Respondent :- State Of U.P. Thru. Special Deptt. Of Geology And Mining Lko. And 4 Others Counsel for Petitioner :- Pushpila Bisht Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Heard. 2. This petition has been filed seeking a writ of mandamus commanding respondent no. 1 to decide the Revision No. 57(R)/G&M (U.P)/2025 "Toyyab vs Director, Department of Geology and Mining and others", filed by the petitioner under Rule 80 of the Uttar Pradesh Minor Minerals (Concession) Rules, 2021 and till pendency of the revision not to proceed with the recovery in pursuance of the recovery certificate dated 14.05.2025. 3. On 09.07.2025, we had passed the following order:- " Heard learned counsel for the petitioner and Shri Raj Bux Singh, learned Additional Chief Standing Counsel for the State. Shri Raj Bux Singh, learned Additional Chief Standing Counsel says that the petitioner had earlier filed a writ petition bearing Writ Petition No. 17433 of 2025 which was dismissed as not pressed on 28.05.2025 by this Court at Allahabad but without disclosing this fact this writ petition has been filed which is even otherwise not maintainable. List after 10 days as fresh enable the learned counsel for the petitioner to seek instruction. " 4. Today, learned counsel for the petitioner has placed before this court a copy of the above mentioned writ petition, which is taken on record. The address and parentage of the petitioner are different. In fact, the instructions of the District Magistrate, Saharanpur was not to the effect that the petitioner had filed the said writ petition but to the effect that four similar writ petitions, one of which was by a person of the same name i.e. Toyyab which was got not pressed as informed by learned Standing counsel. The same has no bearing on the petitioner's case before us. 5. Learned counsel for the petitioner submits that a similar writ petition i.e. Writ C No. 5144 of 2025 has been disposed of vide order dated 01.05.2025 and the present writ petition may also be decided on the same terms. The order dated 01.05.2025 reads as under:- "Heard. This petition has been filed seeking a writ of Mandamus commanding the opposite party no. 1 to decide the Revision No. 50(R)/G&M(U.P./2025) Varun Kumar Vs. District Magistrate, Agra & Others; filed by the petitioner under Rule 80 of the U.P. Minor Minerals (Concession) Rules, 2021 or to decide the interim stay application moved by the petitioner in the aforesaid Revision, and not to proceed with the recovery in pursuance of the recovery certificate dated 03.04.2025. Let the interim relief application of the petitioner be decided by the revisional authority within a period of 15 days from the date of receipt of certified copy of this order. The revisional authority is further directed to make an endeavour to dispose of the revision itself at the earliest say within a period of three weeks. Only for 15 days no recovery shall be made from the petitioner in pursuance to the order impugned in the revision. The writ petition is disposed of in the aforesaid terms." 6. Accordingly, the present writ petition is disposed of on the aforesaid terms. (Manish Kumar, J.) (Rajan Roy, J.) Order Date :- 21.7.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench