SPA/72/2023
2023 Latest Caselaw 922 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     SPECIAL APPEAL NO. 72 OF 2023
                              05TH APRIL, 2023
BETWEEN:
M/s Shiv Shakti Traders & others                               .....Appellants.
And

State of Uttarakhand & another                                 ....Respondents.

Counsel for the Appellants : Mr. Siddhartha Singh and Mr. Kshitij Sah, learned counsels.

Counsel for the Respondents : Mr. S.S. Chauhan, learned Deputy Advocate General.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Issue notice. Learned counsel appears and accepts

notice on behalf of the respondents.

2. The present appeal is directed against the order

dated 24.03.2023, passed by the learned Single Judge, in

Writ Petition (M/S) No.511 of 2023.

3. The petitioner had given up the first of the two

reliefs sought in the writ petition. In relation to the second

relief, the learned Single Judge, placed reliance on the

averments made by respondent no.2, in its counter-affidavit

in Paragraph No.6, and disposed of the said petition.

4. The submission of Mr. Singh is that, despite the

averments of respondents that there is no restriction on the

sale and purchase, nor E-Ravana Portal has been closed, the

petitioner is not able to access to said portal, and to

undertake the sale of minor minerals.

5. Mr. Chauhan, who appears on advance notice, has

taken us to the counter-affidavit filed by respondent no.2 in

the writ proceedings. The said counter-affidavit makes

allegations against the petitioner-appellant M/s Shiv Shakti

Traders in Paragraph Nos.4 and 5. Mr. Chauhan further

states, on instructions, that the restriction placed on the

appellant-writ petitioner is only qua sale to stone crushers.

He submits that there is discrepancy in the stocks purchased

and sold by the petitioner-appellant M/s Shiv Shakti Traders,

inasmuch, as, lesser amount of boulders are shown to be

purchased, and a larger amount has been shown to have

been sold.

6. In our view, the writ petition could not have been

disposed of on the basis of a general statement made by the

respondents in their counter-affidavit that E-Ravan Portal of

the stock holders has not been closed. It appears to us that,

that was a general statement made by the respondents in

relation to the portal, and it did not specifically touch upon

the case of the writ petitioners.

7. In the aforesaid light, we are inclined to set-aside

the impugned order, and remand the matter back to the

learned Single Judge to adjudicate the controversy which has

not been determined.

8. Let the parties appear before the learned Single

Judge on 26.04.2023.

9. The appeal stands disposed of in the aforesaid

terms.

10. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 05th April, 2023 NISHANT