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2026 DAILYLAW 10610 (ALL)

M/S GANGOTRI STONE CRUSHER AND SCREENING PLANT v. STATE OF U.P. AND ANOTHER

WRIC/36599/2026 · 2026-09-27

Satya Veer Singh, Saurabh Dwivedi Registrar J Cpc

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36599 of 2026 Court No. - 21 HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J. 1. Petitioner has challenged notice dated 18th August, 2026 issued by respondent no. 2 (the District Magistrate) alleging violation of storage licence to demand aggregate Rs. 15,36,800/-. Inspection/search was carried out behind back of his client. There be direction to call for the purported inspection report. It will not bear signature of any independent witness, let alone representative of his client. He seeks interference. 2. Dr. Rajeshwar Tripathi, learned advocate, Chief Standing Counsel appears for State. He draws attention to paragraph 13 of the writ petition, reproduced below. "13. That, it is relevant to point out that Mainpal (Chaukidar/gatekeeper) was present at crusher/storage premises, when ex-parte inspection was conducted by the Mines Inspector." Petitioner cannot dispute the inspection. Court should not interfere. 3. We accept contention of State that petitioner cannot dispute the inspection. At best petitioner can challenge contents of the report, on illegality committed as reflected in impugned notice. In the circumstances, interference on contention of due procedure of inspection not followed will require us to probe on facts. Instead, we direct respondent no. 2 to disclose to petitioner the inspection report and afford him opportunity to contest the finding by producing relevant documents/information. If necessary, fresh inspection can also be made. Versus Counsel for Petitioner(s) : Sanjeev Kumar Pandey Counsel for Respondent(s) : C.S.C. M/S Gangotri Stone Crusher And Screening Plant .....Petitioner(s) State of U.P. and Another .....Respondent(s) Petitioner will communicate certified copy of this order to respondent no. 2. Said respondent will expeditiously deal with petitioner's dispute against the allegations upon granting him reasonable opportunity. For the purpose, impugned order be not given effect till two weeks after decision to either reiterate or withdraw it is informed to petitioner. 4. The writ petition is disposed of. September 28, 2026 Jaswant WRIC No. 36599 of 2026 2 (Arindam Sinha,J.) (Satya Veer Singh,J.) Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad