Neutral Citation No. - 2025:AHC:77158-DB Court No. - 3 Case :- WRIT - C No. - 14791 of 2025 Petitioner :- M/S Nishant Traders Respondent :- State Of Uttar Pradeh And Another Counsel for Petitioner :- Devbrat Mukherjee Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. The contention of the counsel for the petitioner is that earlier writ petitions have been heard. However, he admits that in those petitions, no claim for interest had been made. The instant writ petition seeks interest @ 9 % per annum over a sum of Rs.3,31,33,702/- from 13.11.2017 to 4.9.2024. 2. Evidently, as it appears from a perusal of the judgment enclosed as Annexure-5 to the writ petition, the petitioner had filed two writ petitions. One being Writ-C No.36361 of 2019, in which a notice dated 23.10.2019 issued by the District Magistrate was challenged whereby it was threatened to cancel the Letter of Intent dated 13.11.2017 and also that the mines in question would be re- auctioned and all the amounts which the petitioner had deposited would stand forfeited. The second writ petition, being Writ-C No.4812 of 2020, challenged the order dated 22.1.2020 passed by the District Magistrate by which the Letter of Intent dated 13.11.2017 was cancelled and also the earnest money alongwith the first installment which the petitioner had deposited amounting to Rs.3,31,33,731.50 was directed to be forfeited. 3. By the aforesaid judgment dated 14.12.2023, both the writ petitions were allowed to the extent mentioned in the judgment. This Court held that for non-compliance of the provisions of Rule 34 of the U.P. Minor Mineral (Concession) Rules, 1963 within one month of the issuance of the Letter of Intent, the petitioner could be penalized only by imposition of penalty of Rs.1,00,000/-. The order dated 22.1.2020 impugned in Writ-C No.4812 of 2020 was quashed and the District Magistrate was directed to refund the entire amount which was deposited by the petitioner at the time of making his application for participating in the auction, that is, the security money and the first installment of the first year which it had deposited after the Letter of Intent was issued. 4. A perusal of the aforesaid judgment dated 14.12.2023 does not reflect any demand being made by the petitioner with regard to payment of interest on the refund claimed by it. Further, no direction was issued by the Court for grant of any interest. Therefore, the claim of interest in the present petition would be hit by principles of constructive res-judicata which has been held to be part of public policy in the judgment of the Supreme Court in the case of Sarguja Transport Service vs. STAT (1987) 1 SCC 5. 5. In view of the aforesaid, this writ petition is dismissed. Order Date :- 12.5.2025 SK Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad