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2025 DAILYLAW 65327 (ALL)

M/S KHUSHI ENTERPRISES v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/18154/2025 · 2025-05-29

Arun Kumar Singh Deshwal, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93313-DB Court No. - 3 Case :- WRIT - C No. - 18154 of 2025 Petitioner :- M/S Khushi Enterprises Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Himanshu Srivastava,Madan Lal Srivastava Counsel for Respondent :- C.S.C. Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. The present petition has been filed for the following reliefs: "1. Issue a writ, order or direction in the nature of Certiorari quashing impugned ex-parte order dated 29.09.2023 passed by the Respondent No.3 i.e., District Magistrate, Khaushambi to the extent of blacklisting the petitioner or: II. Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 i.e., Commissioner, Prayagraj Division, Prayagraj to modify the order dated 18.3.2024 to the extent of blacklisting the petitioner; III.Issue a writ, order or direction in the nature of Mandamus directing the Respondent no.3 i.e., District Magistrate, Khaushambi to execute the mining lease in favour of the petitioner in pursuance of Letter of Intent dated 23.07.2022 of Gata No.389 and 120 (Khand No.15/19 to 15/22) Area 17.00 Hectare Village Bhawansuri Kachar & Dorama Kachar Tehsil- Manjanpur, District Kaushambi." Through order dated 18.3.2024, the Commissioner, Prayagraj Division, Prayagraj has stayed the recovery against the petitioner in pursuance to the order dated 29.9.2023 passed by the District Magistrate, Kaushambhi but the black listing of the petitioner has not been stayed. Hence, the present petition. The appeal under Rule 79 of the Rules Uttar Pradesh Minor Minerals (Concession) Rules, 2021 numbered as Appeal No.1732 of 2023 has been filed by the petitioner against the order of the District Magistrate. As the appeal is still pending, we refrain from taking cognizance under Article 226 of the Constitution of India, at this stage. The writ petition is disposed of with a direction to the Commissioner, Prayagraj Division, Prayagraj to decide the appeal numbered as Appeal No.1732 of 2023 within a period of one month from the date a certified copy of this order is produced before him. With the aforesaid directions, the writ petition is disposed of. Order Date :- 30.5.2025 IB Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad