M/S Girja Stone Product Devri Kala vs State Of U.P. And 2 Others
2013 Latest Caselaw 6465 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Reserved on 19.09.2013
 
Delivered on 11.10.2013 
 

 
Case :- WRIT - C No. - 45482 of 2013
 

 
Petitioner :- M/S Girja Stone Product Devri Kala
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Rajendra Singh,Suresh Gupta
 
Counsel for Respondent :- C.S.C.
 
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Hon'ble Ashok Bhushan,J.

Hon'ble Vipin Sinha,J.

Heard learned Counsel for the petitioner and Sri Alok Singh learned Standing Counsel representing the State respondents.

By this writ petition, the petitioner has prayed for the following reliefs:

"i) Issue a writ, order or direction in the nature of certiorari calling upon the respondents to produce the records of the case of the petitioner and to quash the order impugned dated 07.06.2013 passed by the respondent No. 2 (Annexure-1 to the writ petition);

ii)Issue a writ, order or direction in the nature of mandamus directing the respondents to consider and decide the representation of the petitioner dated 22.08.2013 pending before the respondent No. 2."

Learned Counsel for the parties agree that this writ petition raises the similar issues of facts and law which have been raised in writ petition No. 38982 of 2013 with which this writ petition is also connected. Writ petition No. 38982 of 2013 has been decided by our order of the date.

The issues in the present writ petition being fully covered by our judgment of the date in writ petition No. 38982 of 2013, this writ petition is also disposed of in same terms.

In the result, this writ petition is disposed of in following manners:

1.Prayer of the petitioner for quashing the order dated 7.6.2013, by which operation of the industry has been prohibited is refused.

2.The order dated 7.6.2013 shall be read as only seizing the minerals and shall not amount to seizure of the stone crusher.

3.The District Magistrate may take appropriate decision with regard to application of the storage licence given by the petitioner dated 9.7.2013 within four weeks from the date a copy of the order is produced.

4.In the event the storage licence is granted to the petitioner, it shall be open for the petitioner to make an application to the District Magistrate for withdrawing the prohibitory order stopping the operation of the stone crushers.

Order Date :- 11.10.2013

LA/-