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Allahabad High Court · body

2016 DIGILAW 1553 (ALL)

Krishna Kant Dwivedi v. State of U. P.

2016-04-26

D.Y.CHANDRACHUD, YASHWANT VARMA

body2016
JUDGMENT The complaint of the petitioner in the public interest litigation relates to illegal mining activities which are stated as being carried out in district Sonbhadra. The petitioner has stated that transit passes have been issued unauthorizedly. As a result of the illegal mining, it has been stated that the death of certain labourers took place. The petitioner has only relied upon newspaper reports and on a report of the Chief Development Officer, Sonbhadra dated 18 April 2015 which is annexed as Annexure-9. Since the correctness of the allegation requires primarily an inquiry into facts, we permit the petitioner to move the Collector and District Magistrate, Sonbhadra together with a certified copy of this order. The Collector shall verify as to whether there is any substance in the allegation which has been made in the petition and whether necessary action in accordance with law was taken particularly with reference to the provisions of Section 23 of the Mines Act, 1952. The Collector will look into the matter expeditiously and thereafter take a reasoned decision as the facts and circumstances of the case may warrant. The petition is, accordingly, disposed of. There shall be no order as to costs.