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2025 DAILYLAW 75638 (ALL)

MANOJ KUMAR SINGH KUSHWAHA v. STATE OF U.P. AND 3 OTHERS

WPIL/1916/2025 · 2025-07-23

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:121305-DB Court No. - 21 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1916 of 2025 Petitioner :- Manoj Kumar Singh Kushwaha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Srivastava Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The present petition has been filed in public interest alleging that the Gram Pradhan has carried out mining of ordinary earth from a pokhar without any permission from the appropriate Authority. 2. Learned Standing Counsel has placed on record the instructions from District Magistrate, Ghazipur in which it is mentioned that the Gram Pradhan admitted having utilized ordinary earth by digging the same from Arazi No. 112. The stand taken is that it amounts to a mining activity and which could not have been done without requisite permission. It amounts to offence under Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and the U.P. Minor Minerals (Concession) Rules, 2021. It is stated that consequently a complaint has been filed against Sudha Gupta, wife of Vinay Gupta, Gram Pradhan Pachauri, Tehsil Sevrai, District Ghazipur before Chief Judicial Magistrate and the same is pending. 3. As the State respondents have already taken action in the matter, therefore no further direction is required to be issued by this Court. 4. The petition stands consigned to record. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 24.7.2025/Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad