Jiyauddin And 9 Others vs State Of U.P. And Another
2023 Latest Caselaw 13433 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- APPLICATION U/S 482 No. - 39247 of 2022
 

 
Applicant :- Jiyauddin And 9 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Satya Prakash Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Chandra Sharma, J.
 
The case is taken up for pronouncement of judgment. 
 
In this case a charge-sheet has been submitted against the applicants under Section 2/3 P.D.P.P Act, 1984 and Section 4/21 Mines Act, 1952, with the allegation that the applicant accused persons have done illegal mining upon Arazi No. 164 area 0.891 hectare Bheeta situated at village Bibipur through J.C.B. and four tractor.
 
Learned counsel for the applicant has relied on Munshi Lal and another Vs. State of U.P. & Ors. 2020 0 (Supreme) (Alld.) 1351 that P.D.P.P Act does not apply about the damage or loss caused to the Gaon Sabha Land. In this citation there is no reference of an offence committed under 4/21 of the Mines Act, 1952. Before passing an order, perusal of Khatauni and Khasara with regard to the aforesaid plot appears to be mandatory to ascertain the nature of the land. The same has not been filed by the applicants 
 
O R D E R

Applicants are directed to file extracts of Khasra and Khatauni with regard to aforesaid Arazi number By the next date of listing.

List on 16th May, 2023, for hearing.

Order Date :- 28.04.2023.

Vinod.