Neutral Citation No. - 2025:AHC:122067-DB Court No. - 40 Case :- WRIT - C No. - 27333 of 2020 Petitioner :- Harshit Kumar Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The petitioner by means of present petition has assailed the order dated 06.08.2018 passed by the District Magistrate whereby the petitioner's license granted under U.P. Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2002 (hereinafter referred to as the 'Rules, 2002'), has been cancelled and also the order dated 28.06.2019 passed by respondent no.1, Special Secretary, dismissing the Appeal No. 148(R)/ACSM/2018, preferred by the petitioner against the order dated 06.08.2018 passed by the District Magistrate. 3. It appears that a showcause notice was issued to the petitioner on 30.06.2018 calling explanation from the petitioner as to why action may not be taken against him for illegally storing the sand/morum without obtaining transportation form for transporting the sand/morum. The petitioner was asked to submit reply to the showcause notice within a period of two days. The petitioner submitted a reply dated 02.07.2018 which was received in the office of the respondent no. 2 on 04.07.2018 wherein the petitioner denied that any illegal mining of sand has been done by him. The petitioner has also stated several other facts disputing the allegation made against him. The licensing authority/District Magistrate vide order dated 06.08.2018 found that the petitioner is guilty of illegal mining and accordingly, the license of the petitioner was cancelled by the District Magistrate, Banda. The petitioner, thereafter, preferred an appeal against the said order before the Special Secretary which was also dismissed. 4. Challenging the aforesaid order, learned counsel for the petitioner contended that under Rule 13 (2) of the Rules, 2002, the licensing authority is bound to give 30 days notice to the petitioner for submitting reply to the showcause notice. It is contended that in the instant case, it is evident from the notice that only two days time has been granted which is in violation of the Rules, 2002 and thus, the petitioner has not been afforded any proper opportunity of hearing. He submits that the appellate authority has also committed the same error and thus, the order of the appellate authority is also illegal and deserves to be set-aside. He further contends that petitioner has submitted his reply to the showcause notice on 02.07.2018 which was duly received in the office of licensing authority on 04.07.2018 and therefore, the licensing authority was bound to consider the reply of the petitioner whereas the impugned order reveals that the licensing authority/District Magistrate did not consider the reply of the petitioner and thus, the impugned order is non-speaking and is in violation of the principles of natural justice. 5. Per contra, learned Standing Counsel contends that it is not in dispute that a showcause notice was given to the petitioner and the petitioner has submitted a reply. Accordingly, he submits that substantial compliance of Rule 13 (2) of the Rules, 2002, has been made and petitioner has been given sufficient opportunity of hearing. He submits that even the appellate authority has, in detail, considered the objection of the petitioner and therefore, the petitioner has failed to make out any case for grant of indulgence by this Court. He further submits that the order passed by the licensing authority/District Magistrate reveals that he has considered each and every aspect of the matter and has recorded a finding concluding that the petitioner is guilty of illegal mining and thus, the impugned order of the licensing authority dismissing the appeal, does not call for any interference by this Court under Article 226 of the Constitution of India. 6. Be that as it may, it is evident from the showcause notice dated 30.06.2018 that the petitioner was given only two days time to submit his reply. In compliance of the said order, the petitioner has submitted a reply dated 02.07.2018 which was duly received in the office of licensing authority on 04.07.2018. Once the Rule 13 (2) of the Rules, 2002, mandates that 30 days should be given to the licensee, it is expected from the authority to adhere to the rule and observe the principles of natural justice so as to sufficient opportunity is given to the licensee to submit reply to the showcause notice in detail along with evidence. In the instant case, the time of two days granted by the licensing authority for submitting reply is not sufficient and is in contravention of Rule 13 (2) of the Rules, 2002, and thus, proper opportunity of hearing was not given to the petitioner to submit his objection to the showcause notice. 7. It has come on record that the petitioner has submitted his reply denying the allegations made against him with regard to the illegal mining, which has been received in the office of licensing authority on 04.07.2018. The licensing authority, in such event, is bound to consider the objection of the petitioner while cancelling his license. This Court finds that the licensing authority has not considered the objection while cancelling the license of the petitioner by the impugned order and the appellate authority has also committed the same error. In such view of the fact, both orders cannot be sustained and are accordingly, set-aside and the matter is remanded to the respondent no. 2, District Magistrate, Banda, to pass a fresh order in respect of the license of the petitioner after complying with the requirements of Rule 13 (2) of the Rules, 2002, within a period of six weeks from the date of production of certified copy of this order. 8. Accordingly, the writ petition is allowed. Order Date :- 24.7.2025 KS (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad