Uttarakhand High Court
WPPIL/28/2022 on 16 March, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE S.K. MISHRA, A.C.J.
AND
SRI JUSTICE R.C. KHULBE, J.
16th MARCH, 2022
WRIT PETITION (PIL) No. 28 OF 2022
Between:
Veerpal Singh.
...Petitioner
and
State of Uttarakhand and others.
...Respondents
Counsel for the petitioner. : Mr. I.D. Paliwal, the learned counsel
for the petitioner.
Counsel for the respondent nos. 1 : Mr. K.N. Joshi, the learned Deputy
to 6. Advocate General for the State of
Uttarakhand.
Upon hearing the learned Counsel, the Court made
the following
JUDGMENT : (per Sri S.K. Mishra, A.C.J.)
By filing this Writ Petition (PIL), a resident of
Village Tanda Banjara, Sultanpur, District Udham Singh
Nagar, has prayed for issuance of a writ of certiorari
quashing the lease deed dated 25.05.2018 executed in
favour of respondent no. 7, i.e. Annexure No. 1; and to
issue a writ of mandamus to direct the respondent no. 3
not to permit the respondent no. 7 to operate mining
from the allotted lease patta on his private land.
2. It is submitted on behalf of the learned counsel
for the petitioner that the respondent no. 7 is undertaking
a mining operation, which is being undertaken in violation
of Clause (33) of the Mining Lease Deed dated
25.05.2018, which is Annexure No. 1 to the Writ Petition,
and thereby it has encroached upon the private lands of
other individuals beyond his allotted land. In the said
process the respondent no. 7 has reached almost the
ridge of the river flowing nearby the Village.
3. Since the petitioner has already made several
representations to various authorities, we dispose of the
Writ Petition (PIL) giving a liberty to the petitioner to file
a properly articulated fresh representation ventilating all
his grievances before the respondent no. 3, i.e. the
District Magistrate, District Udham Singh Nagar, within
ten days from today by annexing a certified copy of this
order as well as a copy of the Writ Petition.
4. On such an event, the respondent no. 3, i.e.
the District Magistrate, District Udham Singh Nagar, shall,
after affording a reasonable opportunity of hearing and
production of documents to the petitioner as well as
respondent no. 7, and any such person whose interest
may be affected, take a decision by passing a reasoned
and speaking order within 30 days from the date of the
filing of the representation, along with a certified copy of
this order as well as a copy of the Writ Petition. The
learned District Magistrate, District Udham Singh Nagar
shall also consider whether there has been a violation of
the Government Order dated 15.06.1998, i.e. Annexure
No. 3.
5. With the aforesaid observations, the Writ
Petition is disposed of.
6. In sequel thereto, all pending applications also
stand disposed of.
7. Urgent certified copy of this order be issued to
the parties, as per Rules.
8. A free copy of this order shall be provided to
the learned Deputy Advocate General for the State
Government for onward communication and early
compliance.
________________
S.K. MISHRA, A.C.J.
____________
R.C. KHULBE, J.
Dt: 16th March, 2022
Rahul
