WPMS/511/2023
2023 Latest Caselaw 806 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                      COURT'S OR JUDGES'S ORDERS
No           or directions and
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                                 WPMS No. 511 of 2023
                                 WPMS No. 609 of 2023
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Siddhartha Singh & Mr. Sandeep Kothari, Advocates for the petitioners.

Mr. Yogesh Pandey, learned Additional C.S.C. for the State of Uttarakhand.

Since common questions of fact and law are involved in both the petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity, facts of WPMS No. 511 of 2023 are being considered.

By means of this writ petition, petitioner has sought the following relief:-

(i) Issue orders, directions, writ in the nature of certiorari quashing the restrictions imposed on sale and purchase of minor minerals as appearing on e-portal of respondent no. 2 and further to quash the order dated 16.1.2022 (Annexure No. 14) issued by respondent no. 2 directing the permit holders to maintain the details of stock mineral wise.

(ii) Issue orders, directions, writ in nature of mandamus directing respondents jointly and severally to follow the Uttarakhand Mineral (Prevention of Illegal Mining Transportation and Storage) amended Rules 2021 and to let the petitioners permit holder, licensees work and do business as per the sanction accorded.

Mr. Siddhartha Singh, learned counsel for the petitioners makes a statement at the bar that he may be permitted to withdraw the writ petition qua relief clause no. 1.

In such view of the matter, relief clause no. 1 to the writ petition is dismissed as withdrawn.

Now, the only relief, which is sought by the petitioners is a mandamus commanding the respondents to permit the petitioners, who are having storage licence, to sell minor minerals, as according to them, a restraint is put by the Authorities of Mining Department, by blocking their web portal due to which they are not able to sell the minor mineral lying with them.

A counter affidavit has been filed by Director, Geology & Mining Unit, Directorate of Industries, Dehradun. In para 6 of the counter affidavit, it has been stated that "there is no restriction on the sale and purchase nor E-Ravana Portal has been closed". Similar statement has been made in para 10 of the said counter affidavit.

Mr. Yogesh Pandey, learned State Counsel has produced in Court written instructions received from Director, Minor Minerals. In the written instructions also, it has been stated in para 2 that "E-Ravana web-portal of the petitioner has not been closed".

Thus the grievance raised by petitioners does not survive.

The writ petitions are, accordingly, disposed of by taking the statement, made in written instructions, on behalf of respondent/State on record.

(Manoj Kumar Tiwari, J.) 24.03.2023 Aswal