WPMS/1033/2021
2021 Latest Caselaw 1912 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
              ON THE 17th DAY OF JUNE, 2021

                              BEFORE:

  HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


            Writ Petition (M/S) No.1033 of 2021

BETWEEN:
  Surendra Singh & Others                        .....Petitioners
       (By Mr. B.D. Pande, Advocate)



AND:

  State of Uttarakhand and others
       (By T.S. Phartiyal, Addl. C.S.C. for the State and Mr. Manish
       Lohani, Advocate i/b Mr. Sandeep Kothari, Advocate for respondent
       no.5)

                                                 .....Respondents


                            JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. By means of this writ petition, petitioner has sought the following reliefs:-

I. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.2 not to give mining license to the respondent no.5 for carrying out mining operation in respect of the areas Kosarijar and Chutgarh of the village Khuldaurhi, District Bageshwar for which the concerned villagers, including the petitioners, have not given NOC to the respondent no.5;

II. Issue an appropriate writ, order or direction restraining the respondent no.2 from according license to the respondent no.5 for carrying out mining operation in respect of the areas Kosarijar and Chutgarh of the village Khuldaurhi, District Bageshwar, since the villagers including the petitioner have objection to the mining operations in said area and the requisite No Objection Certificate (NOC) has not been obtained by the respondent no.5 for the areas Kosarijar and Chutgarh of the village Khuldauhi, District Bageshwar;

III. Issue an appropriate writ, order or direction directing and commanding the respondent no.2 to give mining lease only with respect area Dhamdeval of the village Khuldauhi, District Bageshwar, strictly in terms of the No Objection Certificate (NOC) executed by the villagers including the petitioners;

3. After arguing for a while, learned counsel for the petitioners submits that he does not want to press the writ petition on merits and the writ petition be disposed of with a direction to the District Magistrate to look into the matter and take appropriate decision.

4. Accordingly, writ petition is disposed of with liberty to the petitioners to approach the District Magistrate, Bageshwar, by making a joint representation. If such a representation is made within one week from today, District Magistrate, Bageshwar shall examine the matter and pass appropriate order, in accordance with law, within six weeks from the date of receipt of representation along with certified copy of this order. It goes without saying that while taking

decision, District Magistrate shall hear all the stakeholders, including respondent no.5.

(MANOJ KUMAR TIWARI, J.) Rajni