Ravindra Pratap Singh vs State Of Uttarakhand & Others
2023 Latest Caselaw 3484 UK

Uttarakhand High Court

Ravindra Pratap Singh vs State Of Uttarakhand & Others on 30 November, 2023

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

    IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL


THE HON'BLE THE ACTING CHIEF JUSTICE SRI MANOJ KUMAR TIWARI
                               AND
             THE HON'BLE SRI JUSTICE PANKAJ PUROHIT




             WRIT PETITION (M/B) NO. 247 OF 2023


                       30TH NOVEMBER, 2023



Ravindra Pratap Singh                        ......          Petitioner


Versus


State of Uttarakhand & others                ......         Respondents


Counsel for the petitioner       :   Mr. Pankaj    Chaturvedi,    learned
                                     counsel

Counsel for the respondents      :   Mr. P.C. Bisht, learned Additional
                                     Chief Standing Counsel for the
                                     State


The Court made the following:



JUDGMENT:

(per Hon'ble The Acting Chief Justice Sri Manoj Kumar Tiwari)

On 11.05.2022, petitioner was granted

permission to remove river bed material under dredging

policy by the State. As per conditions of the permission,

he was required to remove the river bed material upto

30.06.2022. Petitioner could not remove the entire

quantity of river bed material within the given time.

Thus, the said permission granted to him expired on

30.06.2022. Now, the Director, Mining and Geological

Directorate, Dehradun has invited bids for award of

contract of removing river bed material from the river,

for which petitioner was earlier granted permission. In

this writ petition, petitioner has challenged said tender

notice.

2) By means of this writ petition, petitioner has

sought the following substantial reliefs :

i) Issue a writ, order or direction in the nature of certiorari quashing the Office Memorandum dated 22.08.2023, along with tender notice dated 29.08.2023 (Annexure-1) to the extent of Village Chamoli Sain, Tehsil Satpuli, and District Pauri of Khasra No. 841.

ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned recovery notice dated 08.02.2023 (Annexure-2) / recovery certificate dated 06.07.2023 (Annexure-3).

iii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to consider the extension of time pursuant to the RBM mining permission dated 11.05.2022 (Annexure-5) in compliance of GO No. 1109 dated 30.11.2022 (Annexure-9)."

3) Learned State counsel points out that similar

controversy was decided by this Court in Writ Petition

(M/B) No. 246 of 2023.

4) Mr. Chaturvedi, learned counsel for the

petitioner, does not dispute the said submission, and

submits that the present writ petition may be decided in

terms of judgment dated 29.09.2023, rendered in Writ

Petition (M/B) No. 246 of 2023.

5) We, accordingly, dispose of the writ petition in

terms of judgment dated 29.09.2023, and direct the

Commissioner, Garhwal Division to make an endeavour

to decide the appeal filed by the petitioner against

recovery citation within six weeks from the date of

production of certified copy of this order.

6) Interim Relief Application (IA No. 01 of 2023)

also stands disposed of.

__________________________ MANOJ KUMAR TIWARI, A.C.J.

_______________ PANKAJ PUROHIT, J.

Dt: 30TH NOVEMBER, 2023 Negi