M/S MAA RAKTDANTIKA CONTRACTORS and SUPPLIERS PVT. LTD. v. STATE OF U.P. THRU. SECY. GEOLOGY and MINING LKO.andORS
WRIC/3229/2021 · 2025-10-08
Prashant Kumar, Shekhar B Saraf
Public Interest Litigationbody2025
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[ 2025 DAILYLAW 199780 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 199780 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 3229 of 2021 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order dated 14.01.2021 passed by the respondent No.1 in Revision No.137(R)/SM/2020. 2. It is to be noted that the District Magistrate passed an order on 20.12.2019 against the petitioner, which was challenged in an appeal before the appellate authority by the petitioner. By an order dated 24.08.2020, the appellate authority remanded the matter to the District Magistrate to consider the aspect of surrender of the mining lease. This order was challenged by the District Magistrate before the respondent No.1 and a date was fixed for hearing, which was intimated to the petitioner. However, the petitioner was neither provided with a copy of the revision petition nor the grounds of challenge. On 14.01.2021, the respondent No.1 passed an order that appears to be unreasoned and made without any application of mind. 3. Firstly, we are of the view that the challenge that was made before the revisional authority was not properly made and the petitioner was not served with the revision petition and the grounds therein. Without having provided the same to the petitioner, any order that would be passed would be in violation of the principles of natural justice. The fact of non-production of the revision application upon the petitioner is not controverted in the counter affidavit also. Versus Counsel for Petitioner(s) : Pushpila Bisht Counsel for Respondent(s) : C.S.C. M/S Maa Raktdantika Contractors And Suppliers Pvt. Ltd. .....Petitioner(s) State Of U.P. Thru. Secy. Geology And Mining Lko.Andors .....Respondent(s)
4. In light of the same, we quash and set aside the impugned order dated 14.01.2021 with a direction upon the authority concerned to provide a copy of the revision application along with the memo of revision to the petitioner. Once the same is done, a proper opportunity of hearing should be granted to the petitioner and reasoned order be passed. The entire process should be completed within a period of twelve weeks from date. 5. With the above direction, the writ petition is disposed of. 6. We make it clear that the petitioner shall not seek any adjournments once the date of hearing is fixed.
October 8, 2025 cks/- WRIC No. 3229 of 2021 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench