M/S PRAGYASUN BUSINESS PVT. LTD.THRU. DIRECTOR YADUVANSHI PRAGYA SINGH v. STATE OF U.P. THRU. ITS SPECIAL SECY. DEPTT. OF GEOLOGY AND MINING LKO. AND 2 OTHERS
WRIC/10527/2025 · 2025-10-29
Prashant Kumar, Shekhar B Saraf
body2025
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[ 2025 DAILYLAW 184579 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184579 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10527 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel for the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made following main prayer(s):
"i) issue a writ or order or direction in the nature of certiorari to quash order dated 29.01.2025 passed by respondent No.1 (As contained in Annexure No.1 to the Writ Petition) in so far as it pertains to rejecting the Application for Interim Relief filed by the petitioner alongwith Mines Revision No.8(R) / G&M (UP) / 2025 [Re. M/s Pragyasun Business Pvt. Ltd. Vs. District Magistrate, Fatehpur] by an entirely non-speaking & unreasoned order which has been passed in a pre-determined, whimsical & arbitrary manner. ii) issue a writ or order or direction in the nature of certiorari to quash the recovery notice dated 11.02.2025 issued by District Magistrate, Fatehpur (as contained in Annexure No.2) for recovery of an amount of Rs.4,66,64,344/- towards dues of mining and an amount of Rs.1,67,16,990/- towards DMF charges and an amount of 33,43,399/- towards TCS charges; together with interest, from the petitioner, consequent to order dated 22.11.2024; notwithstanding the pendency of Mines Revision No. 8(R) / G&M (UP) / 2025 [Re. M/s Pragyasun Business Pvt. Ltd. Vs. District Magistrate, Fatehpur] which has been Versus Counsel for Petitioner(s) : Shishir Chandra Counsel for Respondent(s) : C.S.C. M/S Pragyasun Business Pvt. Ltd.Thru. Director Yaduvanshi Pragya Singh .....Petitioner(s) State Of U.P. Thru. Its Special Secy. Deptt. Of Geology And Mining Lko. And 2 Others .....Respondent(s)
admitted for hearing. iii) a writ or order or direction in the nature of mandamus commanding respondents No.2 & 3 not to give effect to order No.1746/ Khanij-MMC- Tees-Vividh (2024-25); dated 22.11.2024 issued by respondent No.2 & consequent recovery notice dated 11.02.2025; for recovery of an amount of Rs.4,66,64,344/- towards dues of mining and an amount of Rs.1,67,16,990/- towards DMF charges and an amount of 33,43,399/- towards TCS charges; together with interest from the petitioner, during pendency of Mines Revision No. 8(R) / G&M (UP) / 2025 [Re. M/s Pragyasun Business Pvt. Ltd. Vs.
M/s Pragyasun Business Pvt. Ltd. Vs. District Magistrate, Fatehpur] iv) any other appropriate order or direction in favour of the petitioner, which this Hon'ble Court may deem fit in the circumstances of the case, may also kindly be passed. Alternatively / or v) issue a writ or order or direction or writ in the nature of mandamus or any other appropriate order to direct the respondent No. 1; ie. the Revisional Authority in terms of Rule 80 of U.P. Minor Mineral (Concession) Rules, 2021 to hear & decide statutory Mines Revision No. 8(R) / G&M (UP)/2025 [Re. M/s Pragyasun Business Pvt. Ltd. Vs. District Magistrate, Fatehpur]; filed by the petitioner, expeditiously; and not to give effect to impugned order dated 22.11.2024 & Recovery Notice dated 11.02.2025 issued consequent thereto (as contained in Annexure Nos. 2 & 3); during the pendency of aforesaid revision, in the interest of justice."
3. After hearing learned counsel for the parties, we are of the view that the Mines Revision No. 8(R) / G&M (UP)/2025 [Re. M/s Pragyasun Business Pvt. Ltd. Vs. District Magistrate, Fatehpur], which is pending before the respondent no. 1, should be decided expeditiously, preferably within a period of four weeks from date. 4. Till a decision is taken by the respondent no.1 i.e. Special Secretary, Department of Geology & Mining, U.P. Civil Secretariat, Lucknow, recovery of the amount shall be kept in abeyance. WRIC No. 10527 of 2025 2
5. With the above observation, the writ petition is disposed of. October 29, 2025 Anupam S/- WRIC No. 10527 of 2025 3 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench