M/S R.C. GROUP OF COMPANIES v. STATE OF U.P. AND 3 OTHERS
WRIC/35553/2026 · 2026-09-08
Indrajeet Shukla, Prakash Padia
body2026
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[ 2026 DAILYLAW 5629 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5629 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35553 of 2026 Court No. - 5 HON'BLE PRAKASH PADIA, J.
HON'BLE INDRAJEET SHUKLA, J.
1. The order dated 28.05.2025 passed by the Respondent No.2 namely District Magistrate, Gorakhpur/ District Mining Officer, District Gorakhpur by which the mining lease of the petitioner was cancelled and alleged outstanding dues towards royalty, TCS and DMF, the order of recovery certificate dated 20.07.2026 issued by the District Magistrate to the Officer Incharge (Collection) as well as Recovery Citation issued in this regard are under challenge in the present writ petition. 2. It is argued that against the order of recovery dated 28.05.2025, a detailed reply has already been submitted by the petitioner before the Commissioner, Gorakhpur Division, Gorakhpur on 17.08.2026 but till date no decision has been taken on the same, hence the present writ petition. 3. On the other hand, it is argued by the learned Standing Counsel appearing on behalf of State-respondent that in case the petitioner will submit a fresh representation before the Respondent No.2 namely District Magistrate, Gorakhpur/ District Mining Officer, District Gorakhpur, he will consider and decide the same expeditiously. 4. Heard counsel for the parties. 5. In the facts and circumstances of the case and also in the interest of justice, the present writ petition is disposed of finally permitting the petitioner to move a fresh representation ventilating all his grievances Versus Counsel for Petitioner(s) : Amar Nath Tiwari, Man Bahadur Singh Counsel for Respondent(s) : C.S.C. M/S R.C. Group Of Companies .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
before the respondent no.2 namely District Magistrate, Gorakhpur/ District Mining Officer, District Gorakhpur within a period of three weeks from today along-with certified copy of this order. In case any such representation is filed by the petitioner before the respondent no.2 within the time indicated hereinabove, he is directed to do the needful in the matter as per procedure prescribed in law most expeditiously and preferably within a period of two months from the date of filing of such representation by the petitioner before him. 6. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent no.2 to pass order after considering the relevant Rules as well as facts of the case.
September 9, 2026 Swati WRIC No. 35553 of 2026 2 (Indrajeet Shukla,J.) (Prakash Padia,J.) Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad