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2011 DIGILAW 1302 (ALL)

Bal Krishna v. State of U. P. and Others

2011-05-23

RAJESH CHANDRA, SATYA POOT MEHROTRA

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Satya Poot Mehrotra and Rajesh Chandra, JJ. - The present writ petition has been filed by the petitioner inter alia praying for quashing order dated 7.2.2011 (Annexure-10 to the writ petition). 2. By the said order dated 7.2.2011 the petitioner has been intimated that on account of illegal mining done by the petitioner, the petitioner has caused loss of 19,05,360 and the petitioner should deposit the said amount in the Treasury within a month from the date of receipt of the said order. The petitioner has further been required to show cause as to why recommendation for cancelling the mining lease of the petitioner be not made. 3. It is averred in para 24 of the writ petition that the order dated 7.2.2011 has been passed without giving opportunity of hearing to the petitioner. 4. Learned standing counsel appearing for the respondent Nos. 1 and 2 has obtained instructions in the matter. He submits that notice regarding demarcation was given to the petitioner as is evident from the perusal of the order dated 7.2.2011. Learned standing counsel submits that in the circumstances, it cannot be said that opportunity of hearing was not given to the petitioner. 5. Learned counsel for the petitioner submits that no opportunity was given to the petitioner before determining the quantum of loss allegedly caused by the petitioner and directing for recovery thereof. It is submitted that the amount of loss has been determined without giving any opportunity of hearing to the petitioner. The petitioner has been required to show cause as to why mining lease be not cancelled. 6. Having considered the submissions made by the learned counsel for the parties, we are of the opinion that the interest of justice would be sub-served in case the writ petition is disposed of with the following directions. (1) Within 3 weeks from today, the petitioner may submit his objections before the District Magistrate, Chitrakoot (respondent No. 2) against the order dated 7.2.2011 alongwith a certified copy of this order. (2) On receipt of the documents mentioned above, the respondent No. 2 (District Magistrate, Chitrakoot) will proceed to dispose of the objections filed by the petitioner by passing speaking order in accordance with law after giving opportunity of being heard to the persons concerned including the petitioner, expeditiously, preferably within a period of 3 weeks from the date of the receipt of the aforesaid documents. (3) For a period of two months from today or till the disposal of the objections by the respondent No. 2 (District Magistrate, Chitrakoot), whichever is earlier, direction for depositing the amount of Rs. 19,05,360 contained in the order dated 7.2.2011 will be kept in abeyance. (4) The matter regarding deposit will abide the decision of the respondent No. 2 (District Magistrate, Chitrakoot) on the objection submitted by the petitioner. (5) In the event of default on the part of the petitioner in submitting the documents mentioned in Condition No. 1 above, this order will stand automatically vacated. The writ petition is disposed of with the aforesaid directions.