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2026 DAILYLAW 6884 (ALL)

SHRI SANJAY TIWARI v. STATE OF U.P. AND 3 OTHERS

WRIC/25008/2026 · 2026-09-13

Satya Veer Singh, Saurabh Dwivedi Registrar J Cpc

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 25008 of 2026 Court No. - 21 HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J. 1. On query in context of paragraph 2 of our earlier order dated 31st August, 2026, Dr. Rajeshwar Tripathi, learned advocate, Chief Standing Counsel appearing for State submits, fresh inspection will be conducted upon notice to petitioner. 2. Petitioner seeks relief of being able to resume mining activity as well as by amended prayer for quashing order dated 1st July, 2026 passed by respondent no. 2 (the District Magistrate). Recovery has been demanded on allegation of illegal mining, revealed on inspection made by the authority, disputed by petitioner. Paragraph 2 from aforesaid order dated 31st August, 2026 is reproduced below. "2. Reproduced below is paragraph 2 from our order dated 25th August, 2026. "2. Dr. Rajeshwar Tripathi, learned advocate Chief Standing Counsel appears for State. On query he submits, the mining material is in situ rock. He will obtain instruction on further inspection upon notice and petitioner resuming mining operation in the mean time." Petitioner has also amended his prayer seeking, inter-alia, fresh inspection. Instructions in context of above be issued." State now says fresh inspection will be made upon notice to petitioner. Mr. Madan Lal Srivastava, learned advocate led by Mr. Shashi Nandan, learned senior advocate appear for petitioner. Versus Counsel for Petitioner(s) : Harshit Kumar Srivastava, Himanshu Srivastava, Madan Lal Srivastava Counsel for Respondent(s) : C.S.C. Shri Sanjay Tiwari .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 3. Impugned recovery notice is set aside and quashed. Petitioner will forthwith communicate website copy of this order to respondent no. 2 upon undertaking to apply for certified copy thereof. Said respondent will, upon such communication, intimate date and time of inspection, to be conducted by 19th September, 2026. On basis of the report said respondent will further act. In event of demand for recovery on illegal mining detected, petitioner must first liquidate the demand before resuming mining operation. Otherwise said respondent is to facilitate resumption of mining. It is expected, the recovery notice, if to be issued, will be by 23rd September, 2026, failing which there must be facilitation for resumption of mining operation. 4. The writ petition is disposed of. September 14, 2026 sailesh WRIC No. 25008 of 2026 2 (Arindam Sinha,J.) (Satya Veer Singh,J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad