HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - C No. - 31144 of 2011 Petitioner :- Natthu Yadav And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Raj Kumar Singh Respondent Counsel :- C.S.C. Hon'ble Satya Poot Mehrotra,J.
Hon'ble Bharati Sapru,J.
On oral prayer made by Shri Raj Kumar Singh, learned counsel for the petitioners, he is permitted to correct the description of respondent no.3 in the Writ Petition as well as in the Stay Application.
Necessary corrections will be made during the course of the day.
The petitioners have filed the present Writ Petition, inter-alia, praying for quashing the Notice/Order dated 4.4.2011 (Annexure 1 to the Writ Petition) issued by the Incharge Officer (Mines), Chitrakoot (respondent no.3).
It appears that in an inquiry made by certain officers, illegal mining was allegedly found to have been done by the petitioners. On the basis of said inquiry, the impugned Notice/Order dated 4.4.2011 has been issued to the petitioners, inter-alia, requiring the petitioners to deposit an amount of Rs. 75,00,600/- in the Treasury otherwise the same would be recovered as arrears of land revenue.
The said Notice/Order further requires the petitioners to show cause within a week as to why the aforesaid act was committed by the petitioners causing loss to the revenue.
It is averred in paragraphs 9 and 11 of the Writ Petition that before issuing the said Notice/Order dated 4.4.2011, no notice or opportunity of hearing was given to the petitioners , and the petitioners have been required to deposit the aforesaid amount in the Treasury.
Learned Standing Counsel appearing for the respondent nos. 1, 2 and 3 has obtained instructions in the matter. On the basis of the said instructions, the learned Standing Counsel states that against the said Notice/Order dated 4.4.2011, the petitioners have not filed any reply nor have the petitioners deposited the amount mentioned in the said Notice/Order.
We have considered the submissions made by the learned counsel for the parties.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, we are of the opinion that the interest of justice would be subserved in case the Writ Petition is disposed of finally with the following directions:
(1) Within four weeks from today, the petitioners will submit their Objections against the aforesaid Notice/Order dated 4.4.2011 along-with a certified copy of this order before the District Magistrate, Chitrakoot (respondent no.2).
(2) On receipt of the documents mentioned above, the District Magistrate, Chitrakoot (respondent no.2) will decide the Objections submitted by the petitioners by passing a speaking and reasoned order in accordance with law after giving reasonable opportunity of being heard to the petitioners expeditiously, preferably within three weeks of the receipt of such documents.
(3) Till 16th August, 2011 or till the disposal of the Objections of the petitioners by the District Magistrate, Chitrakoot (respondent no.2), whichever is earlier, the recovery proceedings in regard to the amount mentioned in the aforesaid Notice/Order dated 4.4.2011 will remain stayed.
(4) The recovery against the petitioners will abide by the decision of the District Magistrate, Chitrakoot (respondent no.2) on the Objections to be filed by the petitioners.
(5) In case, the petitioners fail to submit the documents mentioned in the Condition No. 1 above, within the stipulated period, this Order will automatically stand vacated.
The Writ Petition is accordingly disposed of with the aforesaid directions and observations.
It is made clear that this Court has not adjudicated the claim of the petitioners on merits.
Certified copy of this order will be provided to the learned counsel for the parties, on payment of usual charges, within three days.
Order Date :- 31.5.2011 Ajeet