Neutral Citation No. - 2025:AHC:133718-DB Court No. - 40 Case :- WRIT - C No. - 19757 of 2025 Petitioner :- Gulab Nishad Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Arjit Srivastava,Usha Srivastava,Vinod Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. Order on Civil Misc. Impleadment Application No. 02 of 2025 1. Heard Sri Lal Chand Mishra, Advocate, holding brief of Sri Vinod Kumar Srivastava, learned counsel for the petitioner, Sri Arun Kumar Singh, learned counsel appearing for respondent nos. 7 to 11 and learned Additional Chief Standing Counsel for the State-respondents. 2. The impleadment application has been filed on behalf of "Jagroop, Phulwa, Raja Bhaiya, Smt. Pachhi and Ram Sahay" for being impleaded as respondent nos. 7 to 11 in the writ petition. 3. Learned counsel for the petitioner submits that he has no objection in case "Jagroop, Phulwa, Raja Bhaiya, Smt. Pachhi and Ram Sahay" is impleaded as respondent nos. 7 to 11. 4. Accordingly, impleadment application is allowed. 5. Learned counsel for the petitioner is permitted to carry out the necessary impleadment during the course of the day. Order on Writ Petition 6. Present petition has been filed for the following relief : I) Issue a writ, order or direction in the nature of mandamus to direct the respondents to stop the illegal mining over the Gata No. 72/34, 72/41, 72/42 situated at Village- Pathri, Post- Luktara, Tehsil- Banda, District- Banda by the sand mafiya namely, Birendra Yadav, Krishna @ Kanha, Maan Singh, Ramesh Singh with the help of respondent nos. 3, 4, 5 and 6 after getting huge amount from the sand mafiyas. 7. Learned counsel for the petitioner has submitted that though the District Magistrate, Banda has granted mining lease on certain land belonging to the petitioner but the mining lease holder instead of conducting the mining in the leased area, is involved in illegal extraction of sand from the area which was not leased out to him. Therefore, a direction may be issued to the authorities concerned to stop the aforesaid mafia from conducting illegal mining. 8. Per contra, learned Additional Chief Standing Counsel has submitted that mining lease was granted to Mayur Buxite India Ltd. and after receiving the complaint of illegal mining, enquiry was conducted and the mining lease of Mayur Buxite India Ltd. was also cancelled against which appeal was filed by it wherein interim order was also granted. It is further submitted that in case the petitioner moved an application before the District Magistrate for compensation as per Rule 68 of U.P. Minor Minerals (Concession) Rules, 2021 (hereinafter referred to as the 'Rules, 2021'), it would be considered and required compensation would also be awarded if that is due to the petitioner. 9. Considering the aforesaid submissions, the writ petition is disposed of permitting the petitioner to move a fresh application before the respondent no. 2, District Magistrate, Banda for grant of compensation as per Rules, 2021 along with relevant records showing his title over the land on which mining is being conducted as per the lease granted by the District Magistrate to the Mayur Buxite India Ltd. within a period of one month. 10. In case, any such application is filed by the petitioner, the respondent no. 2 shall consider and decide the same in accordance with law after giving due notice and opportunity of hearing to all the concerned parties within a period of two months from the date it receives the application of the petitioner and his co-sharers. Order Date :- 7.8.2025 KS (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad