HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28700 of 2026 Court No. - 21 HON'BLE ARINDAM SINHA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Petitioner had moved this Court once again complaining illegal mining in the land of Nali and Chakmarg. Paragraph 1 from order dated 24th August, 2026, made on moving of the writ petition, is reproduced below. "1. Mr. Mohitosh Singh, learned advocate holding the brief appears on behalf of petitioner and submits, his client made complaints dated 19th November, 2025 and 7th February, 2026 in respect of illegal mining in the land of Nali and Chak Marg. Earlier too his client had complained and followed up by filing Writ-C no.5685 of 2024. Said writ petition was disposed of as consigned by co-ordinate Bench upon recording submission made on behalf of State. Paragraph 3 from the consignment order dated 1st March, 2024 is reproduced below. "3. Learned Standing Counsel, on the basis of instructions received, states that twice notices had been issued to the person against whom the petitioner alleges illegal mining. These notices are dated 2.11.2023 and 23.12.2023 and that the matter is proceeding in accordance with law." The illegal mining is continuing, which is why his client is again before the Court." Dr. Rajeshwar Tripathi, learned advocate, Chief Standing Counsel appears for State. 2. Counter and rejoinder have come in. We are in possession of fact that Versus Counsel for Petitioner(s) : Rajesh Shukla Counsel for Respondent(s) : C.S.C. Mangeram .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s) illegality has been discovered by State, inasmuch as State has moved for recovery of penalty. Mr. Singh submits, his client suffered damage to his agricultural land and crops. There be direction for restoration and compensation. 3. Prayer (II) and (III) are reproduced below. "II. Issue a Writ order direction in the nature of the mandamus commanding the respondent to stop the illegal mining carry out by the opposite party. III. Issue a Writ order direction to compensate the petitioner for the loss incurred due to illegal mining carry out by the opposite party." Petitioner's first writ petition was directed to be consigned. As aforesaid, this is his second writ petition. State has taken steps to obtain recovery of penalty. Petitioner is entitled to relief per his prayer (III). We relegate the claim to respondent no.2 (the District Magistrate). Said respondent will cause survey and assess damage and loss suffered by petitioner. It is for State, in charge of the administration, to deal with the claim for restoration and compensation. Petitioner's persistent complaints have led State to discover the person who has caused the wrong doing. State has the power under the statutory provisions as well as Uttar Pradesh Minor Minerals (Concession) Rules, 2021. 4. Petitioner will make representation to respondent no.2 along with certified copy of this order. Said respondent, within four weeks of the communication, to inform petitioner of decision taken on his claim. Within four weeks following, there be restoration and payment of compensation, if so decided. Otherwise reasons to be stated. 5. The writ petition is disposed of. September 29, 2026 Mohini WRIC No. 28700 of 2026 2 (Arindam Sinha,J.) (Sudhanshu Chauhan,J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad