M/S Ishana Construction vs State Of U P And 2 Others
2022 Latest Caselaw 5103 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 16521 of 2022
 

 
Petitioner :- M/S Ishana Construction
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Devbrat Mukherjee
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Chandra Kumar Rai,J.

The petitioner feeling aggrieved by a notice dated 12.05.2022 calling upon it to deposit certain amount within 7 days on account of it having done illegal mining and at the same time seeking explanation, has filed the instant petition.

Learned counsel for the petitioner submitted that although it has been titled as a show cause notice, but in fact, it is an order in itself as the respondents have already arrived at a conclusion that the petitioner had violated the provisions of the U.P. Minor Minerals (Concession) Rules, 2021 and have also quantified the amount. He further submitted that similar controversy was decided by this Court in Writ C No.8648 of 2022 (Arun Kumar vs. State of U.P. & others) by judgment and order dated 20.04.2022 and the instant matter is covered by the said judgment.

Learned Standing Counsel does not dispute the fact that the identical notice was considered by this Court in the above judgment and was quashed with liberty to the petitioner to submit his explanation and thereafter it was left open to the competent authority to pass appropriate order.

Accordingly, the impugned notice is quashed in part.

The petitioner shall submit his explanation within two weeks from today treating the notice under challenge to be a show cause notice simplicitor and not an order determining the liability and quantifying the amount. The respondents will thereafter proceed to pass fresh orders in accordance with law.

The instant writ petition stands allowed, accordingly.

(Chandra Kumar Rai, J.) (Manoj Kumar Gupta, J.)

Order Date :- 9.6.2022

P Kesari